LIBRARY OF CONGRESS. I 



tfy«9 §«**§<> { 

i — f- \jm 

t UNITED STATES OP AMERICA, f 









^/Z iS/AT* 



THE 



CITIZEN'S MANUAL 



GOVERNMENT AND LAW: 



COMPRISING 



a familiar illustration of the principle? of civil government ; a practical vik\f 
oft;- and of the government of the united states ; 

A DIGEST I tTD STATUTORY LAW, AND OF THE LAW OF NATIONS J 

AND A SUMMARY OF P ARLIAM ENTAR Y RULE8, VOBTH1 PRACTICE OF 

DELIBERATIVE ASSEMBLIES' WITH SI PPLEMENTARY NOTES 

ON THE GOVERNMENT OF THE S1ATE OF OHIO, 

AND THE CONSTITUTION OF THE STATE. 



BY ANDREW W. YOUNG, 

AUTHOR OF THE " SCIENCE OF GOVERNMENT." 



CIcbcKinti 
PUBLISHED BY J. B. f'OBB <fc CO. 

L853. 






Entered according to Act of Congress, in the year 1*52, by 

ANDREW VT. YOUNG, 

In the Geek's Office in the District Court of On Northern District of New forlr. 



PREFACE. 



To p re s er ve and transmit the blessings of civil and relig- 
ious freedom, is the declared object of the people of the 
United States, in establishing their present form of govern- 
t. The question, "Will our liberties endure? has ever 
been one of deep solicitude to every true American patriot; 
a question to which different answers have been formed by- 
different minds. 

It is generally conceded, that no other system of govern- 
ment ever devised, is so well adapted to secure the objects 
fat which all just governments are instituted, as our own. 
Hence, however, affords no infallible guaranty of its 
duration. The grand element of its strength, is the public 
virtue and intcli Hence, all agree in the opinion, 

aided hope of permanent political pros- 
perity, li general and an efficient erf education. 
Education is an interest of high importance to the people 
urn! rm of government; but it i- no <ially so 
in this country, where the people are not only in theory the 
. but in practice are actually called upon to 
part in constituting and administering the 
go\-' litical power ought to be 
din .a enlightened judgment The right of suffrage 
can i med a privilege to him who ia in<-a- 
with discretioa While, therefore, the 



17 PREFACE. 

constitution gives as much weight to the vote of the unin- 
formed and ignorant, as to that of the well-instructed and 
intelligent citizen, the sources of information should be as 
numerous and as widely extended as possible. 

In accordance with this sentiment, much has been done 
in this country to diffuse the benefits of useful knowledge. 
Improved systems of education have been established, and 
provision has been made, in every state, to instruct the peo- 
ple at the public expense. And to increase the efficiency 
of the schools, many useful sciences, not formerly taught, 
have been introduced into them. 

It is admitted, however, that the course of instruction is 
still materially defective. It does not sufficiently contem- 
plate our youth as soon to become invested with the powers 
and privileges of freemen. To qualify them for the dis- 
charge of their political duties, is not, to any considerable 
extent, made a special object of school instruction. Even 
in most of our seminaries, the science of civil government 
either finds no place in the course of study, or is regarded 
only as of secondary importance. The study of the Roman 
antiquities, in many academies, supersedes the study of the 
principles of our own government. The constitutions, laws, 
manners and customs of Greece and Rome, are made sub- 
jects of regular study, while the study of the practical sub- 
jects of our own constitutional law, and the principles of our 
civil jurisprudence, which are applicable to the common 
concerns of life, is not admitted as a part of the academic 
course ! 

A similar defect exists in our common schools. To gratify 
a pride of learning, or a taste for philosophical inquiry, some 
of the more abstruse and speculative sciences are introduced, 
to the exclusion of those which subserve the practical pur- 
poses of life. For the same reasons, or from a wrong 



PREFACE. • V 

estimate of its relative importance, the study of government is 
kept out of the primary schools, in which nmeteen-twentieths 
of our citizens receive all their education. Many portions of 
arithmetic, and the higher mathematics, for example, are of 
far less practical benefit to the citizen, than a knowledge of 
his political rights and duties. 

It is remarkable, that a subject, upon a knowledge of 
which the public prosperity and the stability of our repub- 
lican institutions so much depend, has received so little 
attention. The mass of our youth are permitted to complete 
their elementary education, without having devoted a single 
day to the study of political science; and, consequently, they 

.line the rights and duties of freemen, without haying 
learned what the duties and vast responsibilities of a freeman 
are. Questions of policy, not merely affecting some pecu- 
niary interest, but involving constitutional principles, and 
even liberty itself, are not unfrequently decided at the ballot- 
box. Yet many take a part in the decision of these ques- 
tions, who have never given the constitution the slightest 
:nination. 

The exercise of the elective franchise is not merely a right, 
but a duty The theory of free government is, that the 
people are associated fur the common good Hence every 
citizen is bound to every other citizen, to exercise his power, 
and in such a manner as to promote the best good 

of the whole. He must therefore act intelligently. No 
citizen has a moral right to jeopard the interests of a whole 
community by a random vote. It is his duty to make up 
his own mind on all the great questions that arise in admin- 
ring the government, and to bring to the settlement of 
ifl the aid of an enlightened judgment, 
there are other civil duties than those of a mere 
which a political education is needed. A large 



VI PREFACE. 

portion of our citizens are called upon to fill the various 
official trusts in the state and national administrations. These 
trusts are all more or less responsible, and can not be prop- 
erly discharged without some preparatory discipline. By 
incorporating into the educational course the study wider 
consideration, our schools will be made to furnish a supply 
of well-informed citizens, of every profession and calling, 
capable of discharging any official duties which the people 
may devolve upon them. 

The affairs of this great and increasing republic will soon 
be committed to those who are now receiving instruction in 
the schools. How important, then, that they should, by pre- 
vious training, be fitted for the trust! If ever the great 
body of the people are to be duly instructed in a knowL 
of the government, it must be done in the schools. Un! 
this knowledge is systematically imparted to our youth in 
the course of their school education, they will not obtain it 
at all. Few w T ho have left the schools, and entered upon 
the business of life, have the inclination, if they hare the 
opportunity, to undertake the study of any science, or to 
pursue a regular course of reading. 

To supply, in part, the deficiency in the course of instruc- 
tion which is the subject of the foregoing observations, is 
the primary design of this work. Great pains have been 
taken to adapt it to the wants of our schools, as an elemen- 
tary treatise on civil government. In the selection and prep- 
aration of the matter, the object has been to condense, 
within a suitable compass, the greatest possible amount of 
information on the subject of the rights and duties of citi- 
zens; and to make the work emphatically what its title 
declares it to be, a " Manual of Government and Law." 

This ifcork presents several new features, which do not 
appear in any of the author's former works. For the better 



PREFACE. Vll 

illustration of the principles of civil government, and to 
show, by contrast, the superiority of our own government, 
an outline is given of the forms of government of the prin- 
cipal countries of Europe, and of some of the ancient 
republics. To young persons generally, and to adults of 
limited historical reading, this part of the work will be read 
with inter 

The Law of Nations, &i»<_, „ a subject with which few of 
our citizens are familiar, owing, chiefly, to their not having 
ly access to treatises on international law. The laws 
which regulate the intercourse of nations being deemed 
interesting and useful, as well as appropriate in a work of 
this kind, a digest of the same is given. 

Another addition is the summary of Parliamentary Rules 

for the government of deliberative assemblies. As almost 

ry citizen participates in the deliberations- of public meet- 

B, this part of the work can scarcely fail to meet with 

general favor. 

Although, as has been stated, this work is designed, 

primarily, as a class-book for schools, it is intended also for 

private r us of all classes. It contains much 

rmation on the various subjects of which it treats, to 

of our adult citizens have not had access. It is 

I whether any other book of equal size contains as 

mil- r to which the citizen has occasion to refer in 

- of life. 

study of this work is also commended to females. It 

has n considered a striking defect in our system of 

ire not more generally instructed in 

a& Although they do not take an active 

: in public affairs, they would, if rightly educated, exert 

a far rn salutary influence upon our national 

character and destiny. And the question U submitted. 



VU1 PREFACE. 

whether this knowledge would not prove a far more valuable 
acquirement than some of those accomplishments which 
form so large a part of a modern female education, and 
which are usually lost amidst the cares of married life. As 
mothers, guardians, and teachers, they could apply the 
knowledge here recommended to valuable purposes. 

In the compilation of this treatise, the leading object lias 
been utility. That it is free from errors, is hardly to be 
presumed; it is believed, however, that they are few and 
unimportant. If any shall be discovered, they will be cor- 
rected in future editions. 

October, 1852. 



TO TEACHERS. 



The successful study of this work depends much upon 
the manner of its use, and the ability of teachers. 

The inquiry is often made, whether it is to be used as an 
ordinary reading book, or whether the exercise is to be one 
simply of question and answer. Although not particularly 
designed as a reading book, it may, in most of our'common 
>ols, be used as such, to advantage. By requiring the 
pupils to read the lesson before they are interrogated, the 
two exercises of reading and recitation may be profitably 
combined. One advantage of this course is, that the neces- 
sity of increasing the number of classes will be avoided. 
WL v has, from long use, become so familiar 

ble, this work may be 

pted with profit New interest will be given to the read- 

: equal proficiency will be made in the art of 

ling: and at the same time knowledge of greater practi- 
ce ' o o r 

cal benefit than is derived from ordinary reading books, will 
be acqui; 

doubted the utility of printed questions in 

those who arc familiar with the sub} 

they ly be unnecessary. The sub- 

I of civil government, however, being a new one to most 

-hers, questions, it was thought, ought not to be entirely 



X TO TEACHERS. 

dispensed with. To the few which have been annexed to 
each chapter, the teacher is expected to add such of his own 
as shall be deemed necessary. 

Although the work is, for the most part, written in a style 
adapted to young minds, some subjects Beemed to require 
the use of words and phrases which may not be sufficiently 
intelligible to every pupil, without reference to a dictionary, 
or some explanation by the teacher; who ought to see thai, 
in passing, every sentence and subject be understood by the 
class. 

Among the questions to many chapters, are some which 
relate to the government of the state. Answers to tl. 
questions will generally be found in the supplement 
"Notes" at the end of the work.^ Occasionally a question 
has been inserted, to which the book furnishes no answer. 

It is presumed no teacher will refuse to undertake the 
instruction of a class in government. To instruct those who 
are to become our governors, legislators, and judges, in the 
duties which pertain to these responsible official stations, will 
greatly increase the usefulness of teachers, as well as ele\ 
the character of the profession. 



CONTENTS. 



PRINCIPLES OF CIVIL GOVERNMENT. 

CHAPTER I. 

PAGE. 

Civil Government ; Mankind fitted by nature for Civil Govern- 
ment and laws, 17 

CHAPTER II. 
Rights and Liberty, and Laws, defined, .... 20 

CHAPTER III. 

Different forms of Government: — Monarchy, Aristocracy 

Democracy, Republic, 24 

CHAPTER IV. 

Governments of Russia, Turkey, Spain, Denmark, . . 27 

CHAPTER V. 
rnment of Great Britain, ...... 31 

CHAPTER VI. 

rmanr, Austria, Hungary, Pn 

Switzerland, South American 
35 

CHAPTER VII. 
■" iture and Objects of a Constitution, and the Manner in 
which it is made, 10 

CHAPTEB VIII. 
A just Govenunenl Consent of the People, 46 

CIIAPTEK IX. 
and Distribution of the Tower.", of Government, (8 

( B LPTEB X 

9 of the Revolu;.' n. and of tht El f our 




Xii CONTENTS. 



STATE GOVEKNMENTS. 

CHAPTER XI. 

PAOB. 

By whom political power is exercised in the States of this 

Union, , 57 

CHAPTER XII. 
Elections, 59 

CHAPTER XIII. 

State Legislatures, — how constituted, 63 

CHAPTER XIV. 

Organization of Legislative Bodies ; Privileges of Members, 
<fcc, 66 

CHAPTER XV. 

Manner of Enacting Laws, G9 

CHAPTER XVI. 
Executive Department : — Governor and Lieutenant-Governor, 75 

CHAPTER XVII. 

Executive State Officers, 77 

CHAPTER XVIII. 
Counties, and County Officers ; and tin. 1 Powers and Duties <>f 
County Officers, 

CHAPTER xix. 

Towns, and Town Officers; and the Powers and Duties of 

Town Officers, , 83 

CHAPTER XX. 
Incorporation and Government of Cities, Villages, <fcc, . 86 

CHAPTER XXI. 
Assessment and Collection of Taxes, . ... 89 

CHAPTER XXII. 
The Militia, 91 

CHAPTER XXIII. 

Education : — School Funds, Schools, <kc, . • • 95 

CHAPTER XXIV. 
Canals, Railroads, &a, 99 



CONTEXTS. 3Q11 

CHAPTER XXV. 

PAGE. 

Banks and Insurance Companies, 104 

chapter xxvi. 
Judicial Department : — Justices* Courts, .... 103 

CHAPTER XXVII. 
|] by Jury : D of Judgments; Appeals, . . 113 

CHATTER XXVIII. 
Courts other than Justices' Courts, 116 

CHAPTER XXIX. 
Courts of Chancery or Equity ; Court of Probate ; Court for 
the Trial of Impeachments, 119 

CHAPTER XXX. 
Crimes: — Felonies, or Crimes punishable by Death, or by 

Imprisonment in a State Prison, ..... 122 

CHAPTER XXXI. 
Offenses punishable by Imprisonment in a County Jail, or by 
Fines ; General Provisions concerning Crimes ; Arrest and 
Examination of Offenders, ... ... 126 



GOVERNMENT OF THE UNITED STATES. 

CHAPTER XXXII. 
Nature of the Union, . ....... 130 

CHAPTER XXXIII. 
tive Department : — Senate and House of Representa- 

135 

CHAFTEB XXXIV. 
ive Department: — Election of President and Vice- 
:ient, 139 

CHAPTER XXXV. 

i of Departments : — Secretary of State ; Secretary of 
the Treasury ; Secretary of th- : Secretary of War ; 

*ary of the Navy ; Attorney-General ; Postmaster- 
ral, . . . . . * . . , . . 112 

CHAPTBB xxxvi. 
Judicial Department: — District Courts; Circuit Courts; 

Supreme Court, . 146 



XIV CONTENTS. 

CHAPTER XXXVII. 

PAGK. 

Powers of the General Government, in relation to Taxation, 
and the Public Debt, 148 

CHAPTER XXXVIII. 
Power of the General Government, in relation to Commerce, 151 

CHAPTER XXXIX. 
Powers of the General Government, in relation to Naturaliza- 
tion, Money, Copy-rights and Patents, Piracy and Felonies, 
War, Marque and. Reprisal, and the District of Columbia, 1 .">f> 

CHAPTER XI. 

Power of the General Government in relation to Treaties, 
Appointment of Public Ministers, Judges, etc., . . 161 

ciiAPTr.it xix 
Powers prohibited to the General Government and the States, 1G4 

CHAPTER XLTI. 
Miscellaneous Provisions K>8 



COMMON AND STATUTORY LAW. 

CHAPTER XLIII. 
Bights of Persons: — Freedom of Speech and of the Press; 

Habeas Corpus ; Liberty of Conscience, .... 173 

CHAPTER HIT. 

Domestic Relatione : — Marriage, and the Relation of Husband 

and Wife ; Parent and Child ; Guardian and Ward, . . 177 

(HATTER XLV. 

Minors ; Masters, Apprentices, and Servants. . . . 181 

CHAPTER XLVI. 
Rights of Property : — Title to Property by Descent, or Inher- 
itance, 183 

CHAFrER XLVII. 
Wills and Testaments, . 185 

CHAPTER XL VIII. 
Deeds and Mortgages, and the Proof and Recording of them, 188 

CHAPTER XLIX. 

Incorporeal Hereditaments: — Right of Way ; Aquatic Rights 

Party- Walls • Division-Fences, cfec, 1 91 



CONTENTS. XV 

CHAPTER L. 

PAGE. 

Leases ; or Estates for Life ; Estates for Years ; Estates at 

Will; Estates by Sufferance ; Rent, <fcc, - . . . 196 

CHAPTER LT. 
Contracts in General : and what is necessary to their Validity, 199 

CHAPTER L1I. 
-.de 205 

CHAPTER I-III. 

Fraudulent Sales and Assignments, Gifts, etc., . . . 209 

CHAPTER LIV. 

Principal and Agent, or Factor ; Broker; Lien, <fec, . . 212 

CHAPTER LV. 
Partnership, 216 

CHAPTER LV1. 
Bailment, , . . 219 

CHAPTER LVII. 

Rftx&iaBOiy Notes, 221 

CHAPTER LVIII. 
Bu^ 3f Exchange; Interest; L T sury, 227 



LAW OF NATIONS. 

iPTKR LIX. 

Law of Nations ; and the Natural, 
. volitional Law- lined, . 390 

CHAPTER I.X. 

n of Nations ; their Mutual Rights and Obliga- 
tions ; the Rights of Embassadors, Ministers, etc., . . 335 

CHAPTER LXI. 
tensive War; Just Causes of War ; Reprisals ; 
Alliances in War, 210 

CHAPTER LXII. 

Declaration of V. . ;V*ct upon the Person and Pro] 

in War, . . . '.ill 

( SAPTER LXTH. 
itral Nations; Contraband Goods; 

Tni 249 



XVI CONTENTS. 

PAELIAMENTARY RULES. 

CHAPTER LXIV. 

PAGE. 

Necessity of Rules of Proceeding in Deliberative Bodies ; Or- 
ganization of an Assembly ; Duties of its Officers ; .Rights 
and Duties of Members, 254 

CHAPTER LXV. 
General Order or Arrangement of Business ; Introduction of 

Business, by Motion, Petition, <£c, 253 

CHAPTER I.XVI. 

Motions : — For the Previous Question ; for Postponement ; 

to Lie on the Table ; to Commit, 201 

CHAPTER LXVII. 

Amendments: — Division of a Question, and its Modification ; 
different Motions to Amend ; Filling Blanks ; Order of Pro- 
ceeding in considering and amending Papers, . . . 261 

CHAPTER LXVIII. 
Order or Priority of Questions ; Privileged Questions ; Sub- 
sidiary and Incidental Privileged Questions, . . . 2G9 

CHAPTER LXIX. 
Committees; their Appointment and Report; Committee of 

the Whole, 273 

CHAPTER LXX. 
Order in Debate, , • 278 

CHAPTER LXXL 

Taking the Question ; Manner of Voting; Reconsideration, 



APPENDIX. 

Constitution of the United States, , 283 

Declaration of Independence, , 294 

Constitution of the State of Ohio, , , , , 298 

Notes relating to the Government of Ohio, , , • , 322 

Index. 333 



CITIZEN'S MANUAL. 



PRINCIPLES OF CIVIL GOVERNMENT. 



CHAPTER I. 

CIVIL GOVERNMENT MANKIND FITTED BY NATURE FOR CIVIL 

GOVERNMENT AND LAWS. 

Si. By civil government is meant that form of rules by 
winch the conduct of men in civil society is to be regulated; 
or it ifl the authority exercjsed in controlling or regulating 
the social actions of men according to certain established 
rules. / is a number of persons united for some 

purpose ; as a Bible society, a temperance society, an agri- 
ty. But the term civil society is applied to the 
: a state or nation in their associate capacity. 
n or state is a large society of men united for 
the purpose of promoting their mutual safety and happi- 
And in order the more effectually to carry out their 
purpose, they agree to be governed by certain rules. This 
ement between the people of a state, is sometimes called 
civil compact J the word comjiact signifying contract or 
agreement. The nature of this agreement is that each indi- 
vidual of the society shall do for the others everything which 
require, and which he can perform without 
ting the duties he owes to himself. 

9. — II. What is government? Illustrate it by example. 
J 2. Define civil government, and societv. 
1A 



18 citizen's manual. 

§3. Although the term civil society, in its most com- 
prehensive sense, may apply to any people, barbarous 01 
civilized, whose conduct toward each other is regulated by 
customs, usages, or rules of any kind; civil society is gener- 
ally considered to exist only v>hen the people are in a 
civilized state, or state of social improvement, and an- g 
erncd by established written rules and regulations. By 
civilization and social improvement is meant refinement of 
manners, and advancement in knowledge. Wherever the 
people enjoy the benefits of learning, and other means of 
improving their social condition, or of making themselves 
more comfortable and happy, they are called civilized; and 
the system or form of rules by which such people are gov- 
erned, or the authority exercised in making and enforcing 
these rules, is called civil government. 

§4. The rules by which the conduct of men in civil 
society is to be regulated, are called laws; as the commands 
of a parent or householder are the laws of the family, or 
as the rules of a teacher are the laws of the school A 
law is therefore a rule prescribing what men are to do, 
forbidding what they are not to do; and implies the right 
and authority of those who govern to make the law, and 
the duty of the governed to obey the law. 

§5. The necessity of civil government arises from the 
nature and condition of mankind. Man is a social being; 
that is, he is fitted by nature for society. The Creator has 
given to all men a disposition to associate with each oth 
and made their happiness depend, in a great measure, npon 
such association. They derive from the social state a degi 
of pleasure which they could not enjoy if each one lived 
by iimself. 

§ 6. But man is so formed that he needs the assistance 
of creatures like himself to preserve his own being. Wc 
can hardly imagine how a person could procure the neces- 
saries of life without such assistance. But men have the 
gifts of reason and speech. By conversation with their 

§ 3. To what kind of people is the term civil society usually ap- 
plied ? Name a few countries that are uncivilized. § 4. What are 
laws ? J 5, 6. What is there in the nature and condition of mankind 
that renders civil government necessary ? 



Principles of government. 19 

fellow-beings, they are enabled to improve their reason and 
ad their knowledge, and to find out the means o( satis- 
fying their wants, and of improving their social condition. 

But although men need r . ice of each other, 

formed that each must have the care of himself. 

By this arrangement in society, which obliges each one to 

r amount of labor is per- 

-eater number cared for, and the general welfare 

beti id, than there would be If each were required 

NAnton benefit o( all. 

rrangemeni comes the right of property. 

If the avails of each man's labor should go into a common 

and benefit of all, there would be nothing 

that any one could call his own. But if each is to provide 

himself, he must. have a right to appropriate the fruits 

of his labor to his own use. 

in, all men in society have wants; but these 
wants can be rightfully gratified only so far as it can be 
sis ntly with the rights of others; for it is a fun- 
damental principle in civil society, that the rights of all are 
to equal respect. Hence we see the necessity of 
stablished rules by which every man may be pro- 
: i the free enjoyment of whatsoever justly belongs 
in. 

- i that m< n arc fitted for ■•. em- 

it and laws They I rer to discern their own 

wants, and ti of their fellow-men; to perceive what 

and to know that they ought 

,t, and forbear to do what is wrong. Their 

. i i understand the meaning of laws, 

>ver what laws are necessary to regulate the 

i at if all men in their 
only by feelings of pure 

l'j being required to provide 
ing the availi 

of V D BtOl k I t 9i By v iiion 

of i : By what d* 

civil govern- 
ment an : 



20 citizen's manual. 

good will, and a sincere regard for each other's rights and 
w r elfare, laws for their government would be unnecessary. 
But with the aid of all the powers of reason and judgment 
which the Creator has bestowed upon men, they are incapa- 
ble, in their present imperfect state, of determining in all 
cases what is right or wrong. Hence we conclude, that, 
with the best intentions of men to do right, laws would be 
necessary to declare what shall be considered just betffl 
man and man, and to enforce obedience to those I 

§12. To give force to a law, it must have a penalty. 
Penalty is the pain or suffering inflicted upon a person fa- 
breaking a law; as, imprisonment or a fine is the penalty 
for stealing; hanging is the penally for murder. It' no 
penalties were annexed to laws, men could not be compelled 
to obey them; bad men would commit the worst cri 
without fear; life and property would be u and 

general disorder would prevail in society. 



CHAPTER IL 

RIGHTS AND LIBERTY, AND LAWS, DEI T 

§ 1. The object of civil government, as has been obaenred) 
is to secure to the members of a community the free enjoy- 
ment of their rights. A right is the just claim or lawful 
title which we have to anything. Hence we Bay, a person 
has a right to what he has earned by his labor, or bought 
with his money. Having thus acquired it, it is lawfully and 
justly his own, and no other person has a right to it. 

§ 2. We have also a right to do as we please, and i 
where we ptease, if by so doing we do not trespass upon 
the rights of others: for all men in society have the same 
rights; and no one has a right to disturb others in the 
enjoyment of their rights. 

J 11. If all men were virtuous, would laws be necessary ? § 12. By 
what means are laws enforced ? 

§ 1. What is right ? § 2. By what rule is our freedom of action 
restrained ? 



PRINCTFLES OF GOVERNMENT. 21 

j 3. The being free to enjoy what belongs to us, or to do 
ifl we please, is called liberty. The words right and liberty, 
however, have not the same meaning. We may have a 
right to a thin-' when we have not the liberty of enjoying 
or using it. John lias a pencil which is justly his own; but 
Jan - it from him by force John's liberty to enjoy 

the use of his pencil is lost, but his light to it remains. 
James I jkt to the pencil, though he enjoys the use 

$ 4. All laws ought to be so made as to secure to men 
liberty to enjoy and exercise their natural rights. Nat- 
ural right* are those to which we are entitled" by nature, 
rights with which we are born. Every person is born with 
a right to live, and freely to enjoy the fruits of his labor, 
and whatsoever is justly his own. * Hence liberty itself is a 
natural right; that is, it is ours by nature, or by birth, and 
can not be rightfully taken from us. 

g 5. Some rights are also called inalienable. This term is 
often applied to natural rights in general. But in its strict 
and proper sense, it means only rights which a person can 
not lawfully or justly alienate and transfer to another ; that 
is, rights which can not be parted with and passed over to 
another, by one's own act. But natural and inalienable rights 
may be forfeited by crime. By stealing, a man loses his 
right to liberty, and is justly imprisoned. If he commits 
murder, he forfeits his right to life, and lawfully suffers 
death. 

Rights and liberty arc sometimes called civil rights 

rig. h may be asked, wherein they differ from 

natural rights and liberty. Bights and liberty may, at the 

ie time, be both natural and civiL Speaking of them as 

ig ours by nature, or by birth, we call them natural; 

ire spoken of as being secured to us by civil 

eminent and laws, they are called civil. John's right to 

pencil, being secured to him by the laws of civil BOciety, 

i^ a civil right It i< at the same time a natural right, 

§3. Defoe liberty, and explain the difference between right sod 
liberty. §4. What are natural rights 1 §5. Inalienable righto . How 

may natural ri^lu> be forfeited 1 § <j. Is there anv difference between 

al and civil ri-ht* and liberty*.' Whv ate they W cali 



22 citizen's manual. 

because, by the law of nature, he ifl born with a right to 
the free use of his property. 

§7. Some consider natural liberty to consist in the free- 
dom to do in all things as we please, without regard to the 

interests of our fellow-men.; and that, on entering into <-i\il 
society we agree to give up a portion of our natural rights 
to secure the remainder, and for the good of other mem) 

of the society. Bui it mankind are by nature fitted 
designed for the social .Mat-, and are all entitled t-> equal 
rights, then natural liberty dot insist in being tree t<» 

say or to do whatever our evil passions may prompt us to 
do. To rob and to plunder may be the nal 
tiger; but it is not the natural right of men. Natural 
rights and natural liberty are such only as are allowed us 
by the law of nature, which forbids our d ttever is 

inconsistent with the rights of all others in 

§8. The law of nature is tin 4 will of the Creator. It i- 
called the law of nature, because it is a perfect rule of i 
duct for all moral and social beings; a rule which is right in 
itself, right in the nature of things, and which v, < 
right and ought to be obeyed, it no ether law or poeil 
command had ever been given. It is right in itself that all 
men should have the liberty of enjoying the use of wh 
their own; and it would be right that we should give 
every one his due, if we had never been commanded to 
do so. 

. §9. The law of nature is the rule of conduct which we 
are bound to observe toward our Maker and our fellow inn, 
by reason of our natural relations to them. Mankind 1>< ing 
dependent upon their Creator, they owe him duties which 
they ought to perform, though he had never positively en- 
joined these duties. To serve our Creator is a duty which 
arises out of the relation we sustain to him. 

§ 10. So the relation between parent and child renders it 
fit and proper that children obey their parents, on whom 
they are dependent for protection and support. And from 

§7. Do laws which prohibit our doing wrong infringe our natural 
liberty? §8. Define the law of nature? What does it require? 
§9, 10. What rule of conduct toward our Greater and our fellow-men 
does the law of nature prescribe? 



PRIXCITLES OF GOVERNMENT. 23 

our relations to our fellow-men, on whom also we are in a 
measure dependent, and who have the same rights as our- 
selves, it is our duty to promote their happiness as well as 
our own, by doing to them as we would that they should 
• us. This is required by the ktw of nature. 
§ 11. Bui if the law of nature is the rule by which man- 
their conduct, it maybe asked, of 
what use are written laws? Mankind are not capable of 
ring, in all eases, what the law of nature requires. It 
3 therefore pleased Divine Providence to reveal his will to 
mankind, to instruct them in their duties to himself and to 

a other. This will is revealed in the Holy Scriptur 
and is called the law of revelation, or the Divine law. 
^ VI. But although men have the Divine law for their 
le, human laws also are necessary. The Divine law is 
. and comprehends rules to teach men their whole 
duty ; but it does not specify every particular act of duty; 
much <>f it consists of general principles to which particular 
- must be made to conform. God has commanded men 
I i right, and to deal justly with each other; but men 
do not always agree as to what is right: human laws are 
therefore necessary to say what shall be considered just 
between man and man. And these laws are written that it 
be known what they are. 

it may be asked, What must be done when 
a human lav. with the Divine law? Must 

human law b A !iv clearly contrary to the. 

re not b«»und to obey. We may not, bow- 
ever, iw .-imply because ii does not require what 
itrictly just between men. A law may be very imperfect, 
many human laws are, and yet we ought to obey it, and 
may do bo without breaking the Divine law. It is some- 

lifficult to determine whether human laws and | 
Divine law agree. Hence the importance of having wise 
and good men to make the ] a \, 

$11. Of What written Iaw>? \Yh:;t is t!i«' Divine law? 

h iiii-m la? v.' { 13. If a human law and tlio 

agree, which i- to !"• ob jredf 



24 citizen's manual. 



CH A PTER 111. 

DIFFERENT FORMS OF GOVERNMENT MONARCHY, ARISTOC- 
RACY, democracy, REPUBLIC 

§ 1. The people of all civilized countries five under 
crnment and laws; but their several modes and forma of 

government are very unlike; that is, the power or ant li 
to govern is not placed in the same class of | DOT 

exercised in the same manner, in some countries as it is in 
others. 

§ 2. The governing power of a state or kingdom is usually 
called the sovereign or supreme power. H< ace, where hi 
rule, they are called sovereign; and where the power is in 
the hands of the people, the people are sovereign* In the 
strict sense of the term, however, entire sovereignty, or 
supreme power, exists only where power is 
man or a single body of men, uncontrolled or tinn 
by laws or by any other power. But in a more general 
sense, it means that power in a state which is superior to all 
other power within the same. 

§ 3. A form of government in which the supreme power 
is in the hands of one person, is called a monarchy. The 
word monarch is from two Greek words, monos, sole or only, 
and arkos, a chief; and is a general name for a single ruler, 
whether he is called king, emperor, or prince. A govern- 
ment in which all power resides in or proceeds from one 
person, is an absolute monarchy. If the power of the mon- 
arch is restrained by laws or by some other power, it is 
called a limited monarchy. 

§ 1. In what do forms of government differ? § 2. What is meant 
by the sovereign or supreme power of a state? §3. What is t mon- 
archy? The difference between an absolute and limited monarchy? 



PRINCIPLES OF GOVERNMENT. 25 

§ 4. A monarchy is called hereditary in which the throne 
passes from father to son, or from the monarch to his suc- 
cor, by inheritance. On the death of the sovereign, the 

est son is usually heir to the crown; or if there is no son, 

it (alls to the daughter, or some other relative. A monarchy 

is dectiv€ t where, on the death of the ruler, his successor is 

jointed by an election. A few such monarchies have 

ed. 

§ 5. Aba lute monarchies are sometimes called despotisms. 
The word despot is from the Greek language, and means 
master or lord It has nearly the same meaning as tyrant, 
which abo is from the Greek, and signities king. Originally 
these words meant simply a single ruler. But as unlimited 
power in the hands of one man has been so generally 
abused, these words have come to be used in an odious 
sense. They are now applied, for the most part, to rulers 
who exercise authority over their subjects with severity: and 
any government so administered as to oppress the people, is 
said to be despotic, or tyrannical. 

§ G. In an absolute despotism, the monarch has entire 
control over his subjects. They have no law but the will of 
the ruler, who has at command a large iorce of armed men 
to keep his people in subjection. The governments of many 
of the nations of Europe and Asia have always been of this 
description. Changes in some of them have occasionally 
taken place, but without any material improvement in the 
condition of tin* people. 

§ 7. Governments called aristocracies have also existed; 
though no government, properly so called, is believed to 
: at the present time. The word aristocracy is from the 
Greek words, aristoe, best, and kratos, power, or krateo, to 
govern; and means a government of the best. Hence it has 
been used to designate a government in which the supreme 
power is in the hands of a few persons of rank and wealth. 

§ 8, The word aristocracy is also used for the nobility of a 

$4. What U a hereditary monarchy? An elective monarchy? 

despotism? Define the words despot and tyrant. Aro 

the word* BOW BtM in thtf sense? § G. What i« the characteristic of 

an absolute despotism? $7. What is an aristocracy? Define the 

Word. 

2 



26 citizen's manual. 

country under a monarchical government Nobles are per- 
sons of rank above the common people, and bear some tide 
of honor. The titles of the English nobility are those of 
duke, marquis, earl, viscount, and baron. These titles are 
hereditary, being derived from birth. In some ca. 
are conferred upon persons by the king. 

§0. Another form of government is a < ] <:,ioeracy. 
word also is from the Greek: demo* t the people, and 
to govern, or Iratos, power; and Blgnifiea ' of 

the people. In a government purely democratic, the gn 
body of freemen meet in one assembly 1 t o 

transact the public business. Jn ancient < h 
a few governments of this kind; but they necessarily com- 
prised small territories, scarcely more than a wn. 
All the citizens of a large community could not meet in a 
single assembly. 

§ 10. The form of government in this country is different 
from all those which have been described It is a repub- 
lican government. A republic is a gov< rnment in which 
the people enjoy common rights and privileges. Hence the 
nimie of commonwealth is sometimes applied to a republic; 
as a thing is said to be cow won when it is enjoy d by | 
sons in general. Sometimes this nam-' is given t > a 
this Union, as, the "commonwealth of Massachu the 

"commonwealth of Pennsylvania." i Iso the won) 

community, which signifies people living under the sane 
laws, and enjoying common privileges. Every Itate in the 
Union is a republic. 

§11. In a republic, the political power is with the p< 
as in a democracy. The words republic and demoer 
have, therefore, nearly the same meaning. Our govern- 
ment is sometimes called a democracy; but it is not such a 
one as has been described. In a republic like ours, the 
people do not all assemble in a body to make laws as in a 
pure democracy. The laws are made by a small number of 

§ 8. "Who are the nobles of a country? What are the titles of the 
English nobility? How are their titles obtained? § 9. What is a de- 
mocracy? Define the term. § 10. What kind of government is ours? 
Define republic — commonwealth — community. §11. In what do 
democracy and republic differ? 



PRINCIPLES OF GOVERNMENT. 27 

men called representatives, who are chosen by the people for 
that pur] 

S 12. The government of this country is therefore a reprc- 

1 lie; or it may 

with propriety he call< :racy. A 

..ive is a person chosen or • 1 by others to 

vn their wishes and to transact busini 83 for them, 

. mi, however, mote 

1 with the private bu>i- 

Luals; by rq s aeratiy under* 

I one who ssisl in enacting the laws. 

^ 13. Althong of the powers of government in this 

zeroised by the representatives of the people, 

it body of the people in person, as in a 

simp]- ivernments are equally free, be- 

. in both, all power originally resides in and comes 

from the people: and both are such as the people have 

a for themselves. 



CHAPTER IV. 

GOV TURKEY, SPAIN. DKSMAEK. 

the different forn 
1 by the general nam. 

public, we pr<»< eed t<> give a descrip- 

of the principal nations of 

in which vera! principles are 

From this i « it will appear, that very 

- are either i -narchical, 

'■•; but that, in most of them, 

I principles are combi;. 

$ 12. Wha t? $ 13. I< a re prooen ta- 

nent less | . pore <lei. 

- ;irc combined in in.-t "I the .rovernmcnLs 
;rope and 



28 citizen's manual. 

§ 2. Of the class of monarchies called absolute or des- 
potic, the government of Russia is one. The power of the 
emperor, or czar, is hereditary. The people have no part in 
the government, but are subject to the will of the sovereign 
The monarch can make laws and repeal them at pleasure. 
He can make war ©r peace; raise armies and lew ; 
and he confers privileges and titles of honor upon whom* 
soever he pleases. He commands the nobles, and has their 
property directly or indirectly at his disposal. He is re- 
strained, however, in the severity of his rule, by the fear of 
forfeiting his life, as was the case of one of his predec* 
The autocrat, (as he is sometimes called,) also has control of 
ecclesiastical matters. He must be of the Greek religion. 

§ 3. In the government of an empire so extensive, there 
must be, as in other governments, several departments, and 
a large number of officers intrusted with some powers; but 
as they receive their appointment, directly or indirectlv, 
from the emperor himself, and hold their offices at his pleas- 
ure, they have no material check upon his power. He has, 
for example, a directing senate, of sixty-two members, 
divided into departments; but the members being nomi- 
nated by the monarch, and subject to his will, they 
little other purpose than that of promulgating his ukases, or 
decrees. The laws of an absolute ruler are usually called 
edicts, decrees, or ordinances. 

§4. The great body of the nation is divided into the two 
extreme classes of nobles and slaves; the middle classes 
being less numerous. Many of the Russian nobles boast of 
high birth. The fortunes of some of them are enormous. 
Their estates are estimated, not so much by the amount of 
their lands and rents, as by the number of slaves. The 
head of a certain family, reckoned the richest, is said to 
have owned 125,000! 

§ 5. The slaves form the great mass of the people. They 
have no political rights. They are subject to the will of 
their masters, and may be scourged at pleasure by their 



$ 2. Describe the powers of the Russian emperor. What is said of 
the power of some of his subordinate officers? § 4. Into what classes 
are the people divided? What is said of the nobles? 



PRINCIPLES OF GOVERNMENT. 29 

masters, who are not brought to justice for excessive sever- 
ity, unless death he produced within twenty-four hours. All 
the profits earned by the slave belong to the master; though 
it is not uncommon lor the master to allow the slave a 
proportion. 

K • '. There are courts of justice in Russia; but they an 
liable to be corrupted to administer justice at all times 
impartially. As a punishment, the knout is administered 
even t<» i : the highest rank who may have displeased 

their sovereign. The knout is a leather strap, with which 
stripes are inflicted upon the bare back! The sovereign 

rer, however, is said to be exercised at present with 
considerable mildness; and the condition of the people is 
imp: . _. 

^7. Tiie Turkish monarchy is still more despotic than 
that of Russia. All departments of the government, civil, 
military, and religious, are under the control of one man, 
called su/ta/i, or grand seignior* The powers of govern- 
ment, however, instead of being exercised by the monarch 
himself, are devolved upon the vizier, the chief magistrate 
state, assisted by a council of men called the diran. The 
vizier appoints all civil and military officers; and he may 
put to death all who oppose his measures. In war he com- 
mands the army in person, leaving at court in his absence a 
pack w.) 

. The subjects of the sultan are taught to believe that 

the: - by divine commission; that is, that lie 

his right t<» rule from the Supreme Ruler of the 

that nothing which he can do is morally wrong. 
Hence, t)i< y n to their masfer as a religious 

duty. They rider him to be the proprietor of all the 
lands in his dominions, except such as are dedicated to pious 
oses. 'Hit.- koran is the fundamental law of the empire. 
[The koran or ahoran is the Mohammedan book of faith 
written by M- 'hammed, or Mahomet.] 

1 5. Describe t lie condition of the slaves. |6L What is the char- 

.- of the rutins of justice*.' What mode Of punishment prevails 

there? $7. D e s c ribe Ine Turkish monarchy. By whom are the pow- 
>e<JY $6. What idea have the people of the 
Fultan's ri^ht to govern? 



30 citizen's manual. 

§ 9. Of the absolute governments of Europe, the two 
which have been described are the most despotic, and baffle 
perhaps undergone the least change. Property and fife, 
however, though not protected by written constitutions and 
laws in which the people have a voice, are toL-mbly secure; 
the ruler being restrained in the exercise vf \u> 
through fear of provoking his subjects to rebellion Still, 
we can account for the abject submission of the people, only 
by supposing them to be under the influence of religi 
fear or superstition, and too ignorant to know that th.-y can 
be in a better condition. 

§10. The kingdom of Spain is a hereditary monarchy, 
and is usually called a despotism. Its government, infi 
somewhat resembles a limited monarchy, there being a 
legislature to assist in making the laws; but it is, in elfl 
probably the most despotic of any in Europe, except tl. 
of Russia and Turkey, 

§11. The legislature, called the Cortes, two 

houses, the peers and the deputies. Tin- houft 
an aristocratic body, composed in part of hereditary mem- 
bers, and in- part of members named by the king for life; 
thus being wholly independent of the people. The deputies 
are elected by a college of electors, who are chosen by the 
principal citizens; the great body of the people basing no 
voice in the election, and consequently no representation in 
the legislature. 

§12. A legislature thus constituted, must be presv 
to have a stronger sympathy with the sovereign than with 
the people. As every measure proposed by the must 

receive the monarch's sanction before it can become a 1 
and as the principal officers derive their authority from him, 
and are under his direction; there can be little restraint Qj 
absolute power. 

§ 13. The kingdom of Denmark is an absolute monarchy, 
and the crown is hereditary. The Danish kings, though 

§ 9. How is the submission of the people to be accounted tor? 
§ 10. What is the general character of the government of Spain? 
$11. Describe the legislature. § 12. Why has such a legislature little 
restraint upon a sovereign? 



PRINCIPLES OF GOVERNMENT. 31 

invested with supreme power, have exercised their authority 

h mildness. The nobles are not numerous con s isting 

only of one duke, nineteen counts, and twelve barons, The 

g himself presides at the supreme national tribunal. The 

iJv of tb were not long since in a state of 

Their condition, though still poor and 

depressed, is improvii 



C II A P T E R V. 

GOVERNMENT OF GREAT BRITAIN. 

Although a monarchy is literally a government of 

>me governments are called monarchies in which 

authority of the prince is restrained by laws, and a part 

power is in other hands, or in which the 

ice. These, as has been observed, are 

, or 1 iced governments, partaking of the 

ty and a free government 

it Britain is a limited monarchy* 

ii ips 

m >re liberal than anj wernment of the kind, and its 

enlightened and I rented, (t is the 

. by whom many of the fundamen- 

ivil liberty were introduced and established 

ttner in which the powers of government are 
mong the diffi 
r in which these powers arc exerci 

. r the British constitution as under 

I h ninark, and the conditi 

$ 1. v 
$ *J. WluU ifl the genera] character of tlu \i Britain? 



82 citizen's manual. 

our own. One of the principal defects of that government 
consists in the limitation of political rights. The people 
have not the right of forming and adopting a constitution or 
form of government for themselves, and they hare but a 
limited voice in the election of any upon whom the admi 
tration of the government devolves. 

§4. The legislative or law-making power is vested in the 
parliament, consisting of the house of lords and the hoi 
of commons. Proposed laws, or bills, as they are cnlh-d. 
framed and completed in the two houses; the king taki 
no part in the enactment of laws other than that 01 signing 
them after they have, been agreed to by both boU8< 
bill can become a law if the king refuses to sign it. 

§5. When the king refuses to sanction a proposed law, 
he is said to negative the bill. The power thus to prevent 
the enactment of a law, is called the veto power; veto being 
a Latin word, signifying [forbid. This is a very dangerous 
power in the hands of one who is disposed to abuse it. Y» 
king of Great Britain, however, has exercised this power for 
more than a hundred years. The veto power, in a qualified 
form, exists to some extent in the United States, (t 
Chap. XV, §15-18.) 

§6. The house of lords is composed of the lords spiritual 
and temporal of England; sixteen temporal peers of Scot- 
land; one archbishop, three bishops, and twenty-eight tem- 
poral peers of Ireland. Peer, literally, means an equ 
The house of peers was bo called because noblemen and 
barons were originally considered equal companions of the 
king. In England, persons belonging t<> the five degrct a of 
nobility, dukes, marquises, earls, viscounts, and barons, are 
all peers. 

§ 7. The lords spiritual are, for England, two archbishops 
and twenty-four bishops; and for Ireland, one archbishop 
and three bishops. The lords temporal are not limited in 

§3. Is that government in any respect similar to ours? In what 
do they differ? §4. In what is the legislative power in the Krit- 
ish government vested? By what authority arc the laws made? 
§ 5. What is it to negative a bill? Define veto. Does this power exist 
in this country? $ 6. How is the house of lords constituted? Define 
peers. 



ruiXCIFLES OF GOVERNMENT. 33 

number; the ting having the right to appoint to the peer- 
any persons whom lie thinks deserving, Li 1833, the 
house of lords included 426 members* 

The house of commons is composed of representa- 
tives of the people* The right to the office is not enjoyed 
t<> the same extent as it is in this country. A person to be 
J.Mr as a member, must be the owner of a freehold estate 
- lerable amount [A freehold, or real estate, is prop- 
erty in lands, which a person may hold in his own right, 
and transmit t«> his heirs.] The right of voting for repre- 
sentatives i> also restricted. To be a qualified voter, a man 
must occupy a house rated at £10, (nearly $50,) a year. 
Hence, a urge portion of the citizens have no voice in the 
election of representatives. 

§ 0. The duration of a parliament is seven years. It has 
the sole right of making, altering, or amending all the laws; 
and by its authority alone can taxes be imposed or levied. 
Parliament meets annually. It usually commences its sea- 
ts in January or February, and continues thern about six 
months. 

^ 1 o. The powers of the king of Great Britain are large 
and numerous. Although he alone can not make laws as 
an absolute ruler, he can, as has been observed, defeat the 
of all laws. A parliament can not be held, unless 
it i> <• ffivoked by him; nor can it, except by him, be dis- 
r pr o rog u ed. [Prorogue means to prolong, also to 
d«-lav; hence, to delay the business of parliament by con- 
tinuing the parliament from one session to another, as by 

adjournment To prorogue parliament, therefore; is the 

same as to Stop or put off its action by dismissing the body. 
This the king can do at any time.] He has the power of 
creating officers of state, ministers, judges, and other officers; 
an'], in certain c;ises, of pardoning persons convicted of 
erimes. II" also has the power of making war and peace. 
§ 11. These powers, however, find a check in the control 

$7. Who compose the lords spiritual? Lords temporal? \ 8. How 
is tii.- boose of commons constituted? What is necessary t<> qualify 

a person t- 1 be a member? Define fr'chuld. What to make him 
a vo: What power has parliament? § 10. Mention the gettSfSl 

pewetS of the king. Define prorogue. 
2* 



34 citizen's manual. 

which the representatives of the people hold over the public 
purse. The money to maintain armies and fleets, to carry 
on war, and to pay the salaries of his officers, can not be 
obtained without the consent of parliament. He has the 
sole right to assemble parliaments; but he is required by 
law to assemble a parliament as often as once in thr- 
And though he is the head of the church, he can not alter 
the established religion, or call persons to account fur their 
religious opinions. 

§ 12. The king has ji privy council, appointed by him 
who are bound by oath to advise him to the best of their 
judgment, and with secrecy. This council inquires into all 
offenses against the government, and has power to put the. 
offenders in safe keeping for trial in some of the courts of 
law. The privy council itself acts as a court in certain Cfl 

§ 13. The king has also a large number of officers 
(about thirty,) appointed by himself, to conduct the busi- 
ness of state. Of these minisUrs he selects a mini 1 
(twelve, it is believed,) to constitute what is called a ea I 
council. This council usually consists of those ofl] 
state who are intrusted with the' most important executive 
business, and are his responsible advisers. The duiics of 
these executive officers are similar to those of the heads of 
departments in the government of the United 
are called the president's cabinet. Cabinet IS a select num- 
ber of confidential counselors, who advise with the execu 
in matters of government. 

§ 14. The courts of justice in Great Britain, and the man- 
ner in which justice is administered by them, arc nearly the 
same as in this country. The judgment of Jhitish courts 
has always been considered high authority in this country. 

§11, What are some of the checks which parliament lias upon 
the king? §12. What are the powers of the king's privy council t 
§ 13. How are his officers of state appointed? How is the cabinet 
council constituted? What are their duties? § 14. What is said of 
British courts? 



PRINCIPLES OF GOVERNMENT. 35 



CHAPTER VI. 

ITS OF FRANCE, GBBMAXT, AUSTRIA, lltNOAhY. 
3SIA, NLTIlEKLANDs, SWEDEN, GREECE, SWITZERLAND, 
SOUTH AMERICAN STATES. 

§ 1. Tin: ment of France, formerly almost purely 

. was, by the revolution of 1830, changed into a 
limited monarchy, similar to that of (treat Britain. Another 
lutkra took place in 18-48, which resulted in the estab- 
lishment of a republic Again, in 1851, the government 
I into one highly monarchical; but with no 
ibility of its being permanent. The constitution, 
though adopted by the people, was dictated by the president 
of the republic himself, who, while he retains to himself the 
-ident, and to the government that of republic, 
e inv« sted with the powers of a dictator rather than the 
lim: I a republican president. 

The president is elected for the term of ten years. 
He j of tli'* ministers, a < , <<un<il of stal 

The ministers and the coun- 
cil i nt on t! lent for their 

pi exercised by the president, 

idative body. 

mposed of cardinals, marshals, and 

mirab, and of such other citizens as the president deems 

tit to elevat dignity of senator. Senators may not 

: from office; and they hold tin ir offices for life. 
. I for the first year under the 
is SO, and may not exceed 150. 

§ 1. What chaaj p place in omentof I 

iti-- year L830? V\ :;<,w, 

( I-. •iiinient <li\ ided, an I I ■> 

wbm . its con-tit u« d? How 1. o 

the term of office of 



36 citizen's manual. 

§ 4. The legislative body consists of deputies elected by 
the people, one deputy being allowed to every 35,000 elec- 
tors. They are chosen for the term of six years. Neither 
the deputies nor the senators receive a salary. The presi- 
dent, however, may make the senators a discretionary per- 
sonal donation, not exceeding 30,000 francs yearly. The 
privilege of voting in the election of members of the legis- 
lative body is not limited, as in Great Britain; but it extends 
to all male citizens. 

§5. The president, besides the power of appointing and 
controlling the officers of state, and a portion of the senate, 
has power to command the land and sea forces; declare Avar, 
and make treaties of peace; and to make the rules and 
decrees for executing the laws. The laws, instead of being- 
proposed by the legislative body, as in some limited mon- 
archies and in republics, originate with the president, who 
sends projects of laws to the legislative body for diseusMon. 

§6. The president names the president and viee-pn-si- 
dent of the senate, who are taken from the senators; also 
the president and vice-presidents of the legislative corps, or 
house of deputies, who are chosen from the deputies: and, 
by a decree, he iixes the salary of these presiding officers. 
He may also, at pleasure, convoke and prorogue the senate; 
and convoke, prorogue, and dissolve the legislative body; 
but if he shall dissolve this body, he is bound to convoke a 
new one within six months. Powers more ample and nu- 
merous are exercised by few monarchs, than are posse- 
by this self-styled president of a republic. 

§ 7. The government of Germany is not easily described. 
It is particularly complicated, chiefly on account of the great 
number and variety of the states of which it consists. It 
comprises about forty states, two of which are parts of the 
Austrian empire and the kingdom of Prussia. These two 
comprise a greater portion of the territory and population 
thau all the rest. All the states have distinct and separate 

§4 How is the legislative body constituted? What is their term 
of office? What compensation have senators and deputies? Who 
are allowed to vote for deputies? § 5. What are some of the powers 
of the president? With whom do the laws originate? $ 6. What 
control has the president over the senators and deputies? 



PRINCIPLES OF GOVERNMENT. 37 

governments of their own. Of the smaller states, the lead- 
ing ones are limited monarchies; some of which partake 
strongly of the monarchical and aristocratic features. 

£ 8. The Germanic states are united in a confederation 
somewhat similar to tin' union of our American states. The 

ifederacy has a kind of legislature called diet, consisting 
oi deputies from each particular state. The ottice of the 
diet is to preserve the security of Germany, and to regulate 

t'ne relations o( the empire with foreign nations. Its object 

i preserve the independence and safety of its par- 
ticular states, and to settle the disputes which may arise 
between one state and another; hut it does not interfere 
with the internal regulations o( any. 

§ 9. Austria is a hereditary monarchy, almost absolute. 
The title of the sovereign is emperor. In most of the coun- 
tries subject to Austria, there are legislative assemblies, 
called states. These assemblies consist of four orders or 
houses: clergy, nobles, knights, and representatives of the 
free cities. But the states impose no material check upon 
the monarch ; their assembling being mainly for the sake of 
form , and for giving some assistance in the administration. 

§ 10. Hungary is a member of the Austrian empire, and 
Is a hereditary kingdom. The crown is held in the house 
of Austria. The Hungarian diet consists of four orders: 
the bishops and abbots; the magistrates or great nobles; 
tie* knights; and the representatives of the free cities. The 
(fief anfrctmhlcs every three years, and sits during the king's 
If three of the orders agree to any proposition, 
the fourth must give its consent. Without the consent of 
tie- diet, the king can not make or change the laws, impose 
: levy troops. The great body of the people, how- 
ever, have but little share in the administration of the govern- 
ment, and are heavily burdened with taxation. An attempt 

$ 7. What ifl the nature of the government of Germany? Of how 
man; ronsi-t? What is the character of their govern- 

ments'.' y w . How are the Grrmanie states united? Of what does 
the diet eeilHBtl What power hefl tfae diet? 19, What is the form 

government of Anstriml What are the iegislstive unsambiiea 

called? (>f what do they eon-is! ? $ 10. What is the fertt ofgOVefB* 

ment of Hungary? Of what doe^ the diet consist? lias it any 
restraint upon the king? 



38 citizen's manual. 

has recently been made to revolutionize the government, but 
without success. 

§11. The government of Prussia, though not an absolute 
monarchy, is not so far removed from it as are some other 
limited monarchies. Each of the several provinces of the 
kingdom has a legislative assembly. The power of t 1 
assemblies, however, is very limited. They can not origi- 
nate any project of a law: they merely deliberate oj 
those proposed by the king. But no change in the laws can 
be made, nor a new tax imposed, without their sanction. 

§12. The kingdom of the Netherlands, comprising the 
two former separate kingdoms of Holland and Belgium, is 
a limited monarchy. The legislative power of Holland is 
vested in two houses, or chambers, called th<> si raL 

The upper house (]<»-> no1 consist of hereditary noblest as in 
Great Britain and some other limited monarchies, but in a 
council of from forty to sixty members, named by the id 
for life. The other house is a representative body elected 
for three years, one-third of their number being ele< 
every year. The Belgian chambers are both elective, the 
senate, or upper house, for eight years, and the representa- 
tive chamber for four years. 

§ 13. Sweden is a limited monarchy. The legislature, 
called the diet, consists of four orders or houses: the Bob 
the clergy, the peasants, and the burghers. The house af 
nobles consists of 1200 members; the head of each noble 
family being, by inheritance, its lawful representative The 
house of clergy consists of the archbishop and all the bis], 
The house of peasants is composed of the representatives 
the numerous little proprietors of land who cultivate their 
own ground. The burghers are chosen by the towns; ei 
freeman who pays taxes having a vote. 

§ 14. The king has ample powers. He appoints all offi- 
cers, civil and military. His assent is necessary to all laws 

§ 11. Describe the government of Prussia. How are the provinces 
governed? §\'2. Of what is the kingdom of the Xetherlands com- 
posed? What is the form of government? How are their legislatures 
constituted? § 13. What is the government of Sweden? Of what 
orders is its legislature composed? How are its legislative bodies 
constituted? 



PRINCIPLES OF GOVERNMENT. 39 

proposed by the diet. He is not obliged to convoke the diet 

oftener than once in five years, or to continue its sittings 

r than three months; but he may make the meetings 

frequent and longer. Nb tax can be levied, or loan 

lined, without the consent of the diet 

rway is united with Sweden in the Bame king- 
dom. The legislature of Norway, called the storthing, has 
than the Swedish diet The length and 
its meetings are not controlled by the king. 
t to a prop * 1 law is not necessary after it has 
three times presented by the storthing. The number 
and influence of the nobles in Norway is not great, and a 
republican spirit prevails among the people. 

§10. Greece is a constitutional monarchy. At an early 

I, the different little states of Greece threw off the yoke 

of their tyrants, as they tben called them, and erected them- 

- into independent republics. The conquest by Rome 

terminated their political existence. The conquest by the 

Ottomans (Turks) finally extinguished in Greece all that 

remained of her ancient greatness. Since then she has 

made several attempts to regain her independence. In 1820, 

nd insurrection against the Ottoman government took 

: and after a severe struggle, the Turkish sovereign 

Knelled, and the Porte (the Turkish government) was 

red to eonsent to the independence of those portions 

of Greece which were the most Grecian. 

land i- an independent state, and its govern-' 

the most democratic in Europe. It is 

1 into twenty-two cantons, each of which lias a par- 

. • constitution of its own, though all are united by a 

! government This Union is sometimes called the 

leractfj from Helvetia, the former name of the 

country. The Helvetic diet consists of deputies from the 

iit canton-, which meet once a year. Extra meetings 

f 14. Wluri are the | the king? J 15. What iathegovern- 

is tli«- present : r il <>( Greece called? Relate the fact 

of the bistoi Vk! of the government 

ntxerlandl What i- tlio national legislature called? I 

make the i resent of the <-; k ni<. 



40 citizen's manual. 

may also be called on the demand of any five cantons. This 
assembly does not interfere with the internal affairs of the 
cantons; its action is confined to what concerns the foreign 
relations and general defense of the country. 

§ 18. There are numerous other countries in Europe, 
whose governments we shall pass over without notice. 
Those which have been described embrace almost i 
shade of monarchy, from the most absolute to that which 
approximates most nearly to a republic; and present a suf- 
ficiently full view of the political institutions <>t" that portion 
of the world to unswer the purpose for which they have 
been described. 

§ 19. The South American states and Mexico, were for- 
merly subject to Spain. At an early period in the pn 
century, a general revolution took place in these Spanish 
provinces, by which their independence was established. 
The form of government adopted by them is, in its essential 
features, similar to our own. 



CHAPTER VII. 



THE NATURE AND OBJECTS OF A CONSTITUTION, AND THE 
MANNER IN WHICH IT IS MADE. 

§ 1. From the foregoing view of the different forms of 
government, we conclude that those of the monarchical 
form, and those in which the principles of monarchy and 
aristocracy prevail, are not best adapted to promote the gen- 
eral welfare of a nation. Under a wise and virtuous ruler, 
the rights of person and property may be fully enjoyed, and 
the condition of the people may be in a good degree pros- 
perous. But the requisite virtue and wisdom have seldom 
been found in any one man, or a few men. The prosperity 
of a people depends as much upon their having a good form 

§ 19. What is the government of the South American states? 
§ 1. Can a nation be prosperous under a monarchical form of gov- 
ernment? How are the objects of government best secured? 



PRINCIPLES OF GOVERNMENT. 41 

rodent as upon its being administered bj aen; 

ice has proved, that the objects of civil govern- 
ment may be i bj a written constitution, founded 
i the \* ill 

form oi nent in the Unit 

.\ 
of r v\ hich tl ■ be 

i of 
rul - ciation, declari 

3 it shall have, and prescribing the p >wers and 
.d the manner o( conducting its operati 

r nation for 
their government are called the constitution. They are in 
the nature of articL a ement by which the people 

mutually agn >verned 

: union is a land of law. It is not, however, 

a law of the nature ut' the laws made from year to year by 

the representatives of the people assembled in the capacity 

it is drafted by a body of men chosen by 

the people fa- that particular purpose, and adopted by the 

>le themselves. It describes the nature and form of the 

rnment, declares what officers are to be elected, and 

s their respective powers and duties. 

itution is sometimes called the fundamental 
the foundation of all other laws, wh 
- fundamental law. 1 .' 

As the Irani. • ii\ 
and dine building, and 

tilding must f)>- fitted to the fa the 

stitution I tvernmenl of 

ture, and every other act 
d in the administration of the government, must 
.-ti union. 
constitution i lied the political I 

v the law .vat political body, or 1" dy politic. 

re meant the people of a i 

§ 2. I 

o 3. \\ i. 

and an ordinal 

constitution call lamental 

2A 



42 citizen's manual. 

incorporated into one body for purposes of government. It 
is also applied to small bodies of men associated for other 
purposes. (See Chap. XIX, XX.) The constatutioj 
ordained by the act of the people in their political capacity, 
is properly the political law, as distinguished from the laws 
made from time to time by the people's representatives! and 
called the civil or municipal lam*. 

§6. Hence, the first and highest ad of a free people, is 
the choice of a constitution or form of government Xo 
people can be said to enjoy perfect freedom, whose political 
and civil rights are not secured by a constitution of their 
own choice. In no country, therefore, do the people enjoy 
greater political privileges than in the United 8ta 

§7. In most of the governments described in prec< 
chapters, there is either no constitution at all, or none thai 
has been adopted by the votes oi the people. There are, 
even in absolute monarchies, some established forms or rales 
according to which the government is to be administered; 
but these rules are not binding on the sovereign; who can 
make or alter them without the consent of his subjects, 

§8. Under no government called monarchical, do the 
people enjoy a greater degree of civil liberty than under the 
limited monarchy of Great Britain; and we hear of the 
British constitution: but it is not a written instrument like 
ours, adopted by the votes of the people. What is there 
called the constitution, consists of the aggregate or sum of 
laws, principles, and customs, which have been formed in 
the course of centuries. There being no established consti- 
tution limiting the power of parliament, no law which par- 
liament may enact is unconstitutional. And any changes in 
the laws of the kingdom, is virtually a change in the consti- 
tution, and go to form a part of it. Not having a constitu- 
tion to restrain the law-making power, the people are liable 
to suffer from the enactment of unjust laws. 

§ 5. "Why is it called the political laic ? Define hody politic. 
$6. What is essential to the enjoyment of perfect freedom? Is it 
anywhere enjoyed? $ 7. Have the people of many countries except 
ours constitutions of their own choice? $ 8. What kind of a consti- 
tution is that of Great Britain^ Why are people more liable to suffer 
from bad laws where there is no written constitution? 



PRINCIPLES OF GOVERNMENT. 43 

5 0. The object of a constitution is two-fold It is in- 
tended, fust, to guard the rights and liberties of the people 
kinst tafringement by those intrusted with the powers of 
• '•rnment. It points oat the rights and privileges of the 
scribes the powers and duties of the princt- 
rnment; so that it may be known 
en they transcend their powers, or neglect their duties: 
:. by limiting their terms of office, it secures to the people 
rhl of displacing, 1 periods, those who are 

Ithful to their trust, by electing others in their stead. 
S 10. But while a constitution is designed to restrict the 
p o w e rs of those who administer the government, it is in- 
tended also to place some restraints upon the people. The 
framers of our American constitutions, believing that an 
unrestrained democracy affords no greater security to public 
liberty than a monarchy, have provided safeguards against 
the abuse of liberty by the people, as well as against the 
abuse of power by their agents: and the people, by adopt- 
ing these constitutions, have consented to these restraints. 
J 1 1. These constitutional restraints upon the people, how- 
r, do not abridge their natural rights and liberties. All 
men in society have equal rights; and each mutually agrees 
with all others to be thus restrained, in order to secure to 
all the free enjoyment of their rights. Being voluntarily con- 
■ i by all, these restraints can not be said to infringe 
natural liberty of any. Besides this, all political pov 
berent in the people, they have the right to alter 
their constitution, incr r lessenii _ restraints at 

They are however bound by its provisions, while 
whatever they may be; nor can they alter it, 
pt in ftteh manner as the constitution itself prescribes. 
1 2. A state constitution is framed by a convention of 
delegates or representatives, chosen by the freemen of the 
r that purpose. Delegate and representative are 
words of similar meaning. Members of representative as- 
ibKes other than legislative bodies, are usually called 

$9. What isssid to be the first object ofs constitution? Bow does 

it effect tins? §10. What other object is mentioned? Why do the 
people themselves seed restraints? $ 11. Do constitutions] restiaiats 

necessarily abridge the people's liberties? Why do they BetS 



44 citizen's manual. 

delegates; and the assembly of such delegates is called a 
convention. 

§ 13. The number of delegates composing a convention 
to frame a constitution, is usually the same as the number 
of representatives in the most numerous branch of the 1< 
laturc, commonly called the house of representatives; and 
the number elected in each county is the same as the num- 
ber of representatives from such county in this branch of 
the legislature. In the New England ffltativea 

are apportioned among the towns instead of the counties. 

§14. A convention to make or amend a constitution, is 
authorized by a law of the legislature. But the desired 
changes in a constitution, or the necessity oi a i.< \. one, may 
not, by a majority of the people of the state, !><• deemed bui- 
ficient to compensate for the labor and expense <•!' a conven- 
tion: the law therefore provides for submitting to the people, 
at an election, the question whether a convention shall 
called. The law also designates the day for (he election of 
delegates in case a majority of the votes at. such election 
shall have been given in favor of a convention. 

§15. The delegates meet on the day appointed by law, 
at the seat of government of the state, and continue in \ 
sion until they nave agreed upon a form of a constitution, 
which is then submitted to the people for their adoption, at 
an election on a day fixed by the law. If. ;it such election, 
a greater number of V0te8 shall he given in favor of the pro- 
posed constitution than against it, it becomes the constitution 
of the state. 

§ 1G. As constitutions may need amendment when Un- 
necessary alterations are not of so great importance as to 
render a convention necessary or expedient, it is usual to 
insert in constitutions an article providing some other mod./ , 
of amendment. Different constitutions provide different 
modes. In some states, perhaps the greater number, amend- 
ments are proposed by one legislature; and, if they are 

§ 12. By what kind of body is a state constitution framed? $ 13. Br 
what rule, as to numbers, are the several counties represented in such 
a convention? § 14. By what authority are conventions for this pur- 
pose usually called? How is the assent of the people ascertained? 
§ 15. In what manner do the people adopt a constitution? 



MANCIPLES OF GOVERNMENT. 45 

I t i by the next legislature, they are submitted to the 

■ for adoption. In a few states, the concurrence of two 

legislatures is sufficient, without the sanction of 

In others, amendments are made only by con* 

Jled by a m rating therefor 

. election. 



CHAPTER VIII. 

A J ~ IENT FOUNDED UPON THE I Ui 1J!L 

PEOPLE. 

[1 was in ancient tin rally believed, that tin* 

j derived immediately from God; and 

vacant, the right of sovereignty 

irncd t«» the original source, to be again conferred on the 

imm By what means soever the throne waq 

ained, tli' s believed to be the occasions on which 

Ruler bestowed power on tin- prince. A later 

. and one that still prevails to rtent, is, that 

. m the death of a sovereign, 

- > to his lawful heir, 

.ad nations have l>*«'n compared to families; 

As tli.- father lias 

vn his family, and provide for hi- < hil- 

monarch, by the 

tector of his subjects. And as 

an argument against constitutions, it n hat the j 

_ rerned by a written constitution, would be 
unfortunate as a family in which the father, to prevent 
bould be obliged v> refer to a writ- 
ten instrument^ in which the duties of i ember of 
y hold wei . I >wn. 

$ lij. adtnonti lo cooetitut* without co 

$ 1. 'What opir.i ;iif to 



46 citizen's manual. 

§ 3 Families and states, however, are governed by dif- 
ferent principles. A family is composed of parents and 
children, bound together by the ties of natural affection. 
The ruling principle in the father's government is love and 
kindness, llis affectionate regard l<»r his children prompts 
him to render them the protection and support which their 
dependent condition claims at his hands, and to treat them 
"with forbearance. A state is composed of men le&S closely 
connected and less dependent, and who arc governed by 
stern justice and strict adherence to law. 

§4. An attempt to govern a family by a code of laws 
prescribing, with precision, all the rights and duties of its 
members, and fixing a specific penalty for every transgres- 
sion, would be unsuccessful. If every member of the house- 
hold should invariably insist on his own rights, and ti, 
performance of every act of duty should be strictly enfon 
by the father, would such family be well governed? In 
family government, much must be left to the discretion of 
the parent. But how unfortunate have been those nations 
which have left everything to the kindness and paternal 
care of their rulers, and have not insisted on their own 
rights! 

§5. But the principles of civil government have come to 
be better understood. The doctrine that one man has a 
divine right to rule a whole nation, or, that one is born to 
command, and all others are bound to obey, is believed only 
where the people are too ignorant to appreciate the bl 
iiigs of freedom. As light and knowledge have advanced 
among the nations, the great truth has been gaining ground, 
that all men have a natural and equal right to a voice in the 
government; and that the will of the people is the true 
foundation of all just government, and the good of the 
people its true object. 

§ 6. The fundamental principles of government are cor- 
rectly stated in the Declaration of Independence. It is 
therein declared that " all men are created equal." The 

§ 3. In what particulars does the government of a state and that of a 
family differ? § 4. Could a family be successfully governed by a code 
of written laws? $ 5. What is the true opinion as to the foundation 
and object of government? 



FIUNCTPLES OF GOVERNMENT. 47 

equality here meant is equality of political rights; all being 
entitled to an equal measure of political power, as well as 
to an equal share in the benefits of the government 
Wh< . loes b v man, or any number of men, get 

the right to rule ov< r tin ir fellow men? 'i he same declara- 
tion s true answer: "All governments derive their 
just powers from the content of tfa </." All rightful 
.a is in the people, and is either exercised 
directly by fche people, or is delegated by them to others 
chosen for that purpose. 

j 7. Hence we conclude, that a democracy is the most 
natural form of government All men's being created equal 
in respect to political rights, implies that they are by nature 
fitted for the exercise of political power, and, consequently! 
that a democratic form of government is best adapted to the 
nature of mankind, and is designed by the Creator for the 
regulation of civil society. 

$ 8. The most natural and simple idea of a free govern- 
ment, is that of the people's meeting in their own persons 
for consulting, debating, and enacting laws for the reg-ula- 
tion of their conduct, and the protection of their rights. 
But all the people can not unite in making laws. Hence the 
necessity of government by representation, and the division 
of a state into districts of suitable size for the election of 

representatives. The inhabitants of a particular town or 

r small district, are better acquainted with its wants and 

interests than with those of other places, and are better 

judges of the capacity of their neighbors, than of the capacity 

of their countrymen residing in remote parts of the state. 

A state is therefore divided into districts, in each of which 

Of more representatives are chosen. 

§ 9. But in order to insure a faithful representation, the 

p<-<«ple must be independent of their representatives, and 

have the power to control them. Here, again, we see the 

y of a constitution. By their constitution, the people 

$6. In what noted document are the true principles of government 
dedaitdl What sue Hseyl §7. What i-» meant by men's being 

aled equal? § 8. 'What is said to l>e the inert simple Idea "t finss 

Yrum what arises the necessity of a representative 
•at? 



48 citizen's manual. 

delegate to their representatives the 

government; and by the same instrument, they reserve to 

themselves the right to restrain their 

other offic bey may deem necessary. 

§ 10. If it is ili«' true ob 
the good of the whole and not of a f . . m- 

ment ought to be one in the formation of which all I 
pie arc, consulted. But all will not and 

judgment; and the consent of all I any form of 

government might never be ol ssity 

of the rule which prevails in all popular governm< 
deliberative assemblies: I govern. 

Without such rule, aent c >uld t> i 

established < ; d. 



CIIAPTKIl IX. 



THE DIVISION AND DISTRIBUTION OF TIIK POWJ 

\ r. 

§ 1. Having explained the nature of a constitution, and 
shown how it is made and adopted, it will be next in oi 
to show how the powers of government under a con 
are divided. The excell< 

sists essentially in a proper separation and distribution 
powers. 

§2. One of the chief excellences oi the Americas con- 
stitutions, is the separation of the political and civil pow< 
The words political and civil are generally used as having 
the same meaning. Thus, in speaking of the system ot 
government and laws of a country, Ave use the general term, 
"political institutions/.' or "civil institutions ; " either being 
deemed correct. But the words civil and political have also 

§9. By what means do thfi people insure a faithful attention to 
their interests by their representatives? J 10. Why ought all the ] ■ 
pie to be consulted in the formation of a plan of government? Whe 
ought a majority to govern? 

$ 1. What is essential to a good form of government? 



PRINCIPLES OF GOVERNMENT. 49 

a particular signification. The same distinction is observed 
here as was made in a preceding chapter between the con- 
stitution, or political law, and the municipal or civil laws; 
the political power being that which is exercised by the peo- 
ple ia their political capacitj in adopting their constitution, 
and electing the officers of government; the civil power that 
which is exercised by the oilicers thus elected in administer- 
the government 

Cj 9. In an absolute government* no such distinction exists; 
all power being centered in the supreme ruler. There is no 
political law binding on him. The rules by which the powers 
of his government are exercised, consist of certain customs 
and usages for which his subjects have even a higher regard 
than for his own authority. Yet being himself subject to 
no positive laws or regulations that have been adopted by 
the people, or that may be altered by them, the people enjoy 
no political rights, 

§ 4. In a mixed government, or limited monarchy, political 
power is exercised to some extent. Although there is, in 
most governments of this kind, no written constitution adopted 
by the people as in a republic, the members of one branch 
of the law-making power are elected by the people; and in 
such election they are said to exercise political power. 

J .5. The civil power, in all well constructed governments, 
is divided into three departments, the legislative, the execu- 
. and the judicial. The legislative department is that by 
which the laws of the state are made. The legislature is 
composed of two bodies, the members of which, in free 
elected by the people. In limited monarchies, 
or mixed governments, only one branch of the legislature is 
elective; the other being an aristocratic body, composed of 
men of wealth and dignity, as the British house of lords. 

The executive department is that which is intrusted 
with the power of executing, or carrying into effect, the laws 
of the state. In each of the several states of this union, 



$*2. Define the word* political and civil, , -is applied to the powers of 

- this distinction exist in absolute monarchies? 

Why not? (4 Wl of political power in limited mo nar ch i st 

I § ."). How is tin- civil p..wer divided? Are both bodu- 
all representative governments elective? 
3 



50 citizen's manual. 

the executive department consists of a governor, assisted by 
a number of other officers, some of whom are elected by the 
people, and others are appointed in some manner prescribed 
by the constitution and laws. It is the duty of the governor 
to see that the laws are duly executed. He i the 

general business of the state, and recommends to the leg 
lature such matters as he thinks ought to receive their 
attention. 

§ 7. The judicial department is that by which justice 
between citizens is administered, and embraces the several 
courts of the slate. All judges and justices <>f the peace 
are judicial officers. It is their business to judge of and apply 
the laws in cases brought before them for trial. There are 
several courts in a state ; some of a lower, others of a higher 
order. The manner in which these courts are constituted, 
is not precisely the same in all the states; but their gem 
powers, and the manner of conducting trials, arc the same. 

§8. Experience has shown the propriety of the division 
of the civil power of a state into these three departme] 
and of keeping them separate and distinct, and of con In 
the officers of each to the powers and duties belonging to 
their respective departments. Those who make the laws 
ought not to exercise the power of executing or enforcing 
them; nor should they who either make or execute the laws, 
sit in judgment over those who are brought before tin m f<>r 
justice. A government in which tin 1 different powers "i 
making, executing, and applying the laws should be unite. 1 
in the same hands, whether consisting of one man or a si- 
body of men, however numerous, would be little better than 
an absolute despotism. 

§ 9. It has been maintained that a single assembly is 
more likely to form good and equal laws, and to execute 
them impartially, and to interpret them faithfully, and is 
better adapted to secure to the citizens the benefits of such 
laws, than a government in which the powers are divided 
amono- several different branches. But it was one of the 

o 

§6. "What is the general business of an executive department? 
{7. What is the business of the judicial department? §8. What is 
said of the propriety of the division of power into these three depart- 
ments? §9. Has this opinion always and universally prevailed 9 



PRINCIPLES OF GOVERNMENT. 51 

main defects of some of the ancient republics, that the powers 
oi government were not properly divided and balanced. 

§10, Again, the law-making department of the civil 
power is divided into several branchea The plan <>f divid- 
ing the legislative power, which existed in some of the 
ancient r • and in Ghreat Britain, and also in the Amer- 

can colonies while subject to that country, has been adopted 
and continued in the constitutions of all the stales in this 
i, with some modifications in some of them. 
$11. The be* nments among the ancient republics, 

and those which existed longest, and were most firm and 
le, were npon tins plan. The law-making power was 
sted in a chief magistrate, lords, and a representative as- 
sembly. These several branches, holding a check upon 
each other, are more likely to enact good and wholesome 
laws, than if the whole power were in the hands of one man, 
or a single representative assembly. A government of this 
kind was constituted at Sparta by Lycurgus, which lasted 
above eight hundred years; whereas the government estab- 
lished by Solon at Athens, which was a simple democracy, 
3 of short duration, about one hundred years. Not only 
3 tlie government of the Spartans more durable, but the 
citizens were better governed. 

J 12. Under the Roman constitution was formed the 

nobl le and the most powerful nation that had ever 

The supreme power was vested in two consuls, 

and the people. But if all the 

al branches had been united in a single 

mbly, whether consisting of the whole body of freemen, 

f their n itives, it is not probable that the people 

aid have been long free, or the nation ever great The 

distribution of power, however, was never accurately and 

judiciously made in that constitution. The executive was 

W rer sufficiently separated from the legislative; nor was the 

trol which th'-se powers were to have upon each other 

defined with sufficient accuracy. 

$ 10. In what countries did t: of the law-making power 

i l. What, reason i> given for Bueh 
<li\i- said <»i' the gov< rnmenti <>\ 8] 

| [ft. How Wl Qltituted under the 



52 citizen's manual. 

$13. The framen of our American constitutions, who 
had before them the various systems of government, ancient 
and modern, and were well acquainted with their nature and 
operation, have happily preserved what was good in those 
systems and avoided their defecta And in nothing is the 
superiority of our plan of government more manifest, than 
in the wise division and distribution of its poi 

§14. There is another division of power. A singi 
of oflicers in each of the several departments, legislative^ 
executive, and judicial, residing at the seal of government, 
can not regulate all the minute afiaii ry neighl 

hood throughout the state. Business in which tie 
of a small community alone arc interested, can be better 

done by some local authority. For this purpose, a stai 
divided into counties and tOWUS, in each of which tl 

officers elected to e.\< rrise certain powers of governor 
(See Towns and Counties.) 

§ 15. There is another reason for the division of B 
into small territories. The people, in the ( zeroise of their 
political power, must act collectively, which can be done only 
in small districts, as towns. Jn all elections for i 
state, county, and town officers, and for voting upon I 
question of adopting a constitution, the people act in town 
meetings. 



CHAPTER X. 

CAUSES OF THE REVOLUTION, AND OF THE ESTABLISHMENT OF 
OUR PRESENT FORM OF GOVERNMENT. 

§ 1. The people of the United States, as is probably 
known by the youngest reader of this work, have not always 
lived under their present excellent form of government. 

$ 13. What is said of our American constitutions as compared with 
those of former governments? § 14. What other division of power is 
necessary; and why? $ 15. For what other reason? 



PRINCIPLES OF GOVERNMENT. 53 

For more than one hundred and fifty years after the first set- 
tlement of this country, they were subject to the government 
of Great Britain. In 1776, the American colonies, now states, 
separated themselves from the parent country, and claimed 

the right to establish a government for themselves. 

$2. This country was first settled by the English, who 

med it by right o( discovery, they having discovered it 

in 1497, about five years after Columbus had discovered the 

West India islands. The first permanent settlement, how- 
ttOl made until the year 1007, when a colony of 
103 persons settled at Jamestown, in Virginia A few years 
afterward, (1620,) a colony was planted in Plymouth, in 
Massachusetts. After this the number of colonies rapidly 
increased to twelve, the last oi which, Pennsylvania, was set- 
tled in 1681. About fifty years thereafter, (1732,) Georgia 
settled, the last of the thirteen colonies which declared 
themselves free and independent states. 

^ -\ The governments of the colonies, dnrino; their COn- 
nection with Great Britain, were not such as the colonists 
chose for themselves, but such as the king was pleased to 
prescribe for them in their charters. The word charter is 
from the Latin charta, which means paper. The instru- 
ments of writing by which the king granted privileges to 
individuals or corporations, were written on paper or parch- 
•. and called charters, The colonial charters granted to 
individuals and companies the right to trade and settle in 
nntry, and prescribed the limits of the territory 
t i each. And either the same or a separate char- 
rules for the government of the colony. 
rernments of the several colonies, though not 
alike in every particular, were on the same general plan. 
The pow( re <<f government wer.- vested in a governor, a coun 
cil, and an assembly of representatives chosen by the people. 
These three branches corresponded to the king, the nobles, 
and the commons in Great Britain. Power was therefore 

$ 1. How long has tin- present form <>f government existed in tins 

I By whom, and when, was this country first settled I 

$3. By ^vli.-it authority were tli<- powers of the government granted 

l. Upon what general plan were the powesief 

anient divided and i 



54 citizen's manual. 

divided in those governments in nearly the same man- 
ner as it is in the states at present; there being in every 
state a governor, a senate, and a representative assembly. 

§ 5. There is, however, an important difference between 
those governments and the present. The people of the col- 
onies were not allowed to choose a constitution or form "f 
government; nor had they the privilege of choosing the ofr 
iicers of the different departments of the government The 
governors were appointed either by the king, or by such 
persons as had authority from tin- kin-- to appoint them; 
and they were generally under the control of (he king, by 
whom they might be kept in office or dismissed at plea- 
sure. 

§ 6. The council was composed of a small number of men, 
also appointed by the king, and subject to his pleasure. This 
body constituted one branch of the legislature. The ju< 
and magistrates, and other officers, were appointed by the 
governors or by the king, or other persons who appointed the 
governors. 

§ 7. Hence it appears that only one branch of the* law- 
making power was chosen by the people, while the other 
two, the governor and council, were appointed by the king, 
or were subject to him. And as every measure proposed by 
the representatives required the concurrence of the governor 
and council, just and necessary laws w< □ denied the 

people. Besides, a measure tints concurred in, must be sent 
to England for the approval of the king before it could 
become a law. 

§ 8. In a few of the colonies, however, the people enjoyed 
greater political privileges. In Massachusetts, Rhode Island 
and Connecticut, for many years before the revolution, they 
elected their governors and both houses of the legislature. 
Yet even in these colonies, no laws might be enacted that 
were contrary to the laws of England. And the privih 

§5. In what important particulars did the colonial governments 
differ from those of the states at present? § 6. From whom did 
the council and other principal officers receive their appointment t 
§ 7. What officers did the people elect ? Did this secure to the peo- 
ple such laws as they wished ? §8. Did the people in any of the 
colonies enjoy greater political rights. 



PKINCITLES OF GOVERNMENT. 55 

which the people enjoyed were granted by the king, and 
might be taken away from them at his pleasure. 

§ 0. Not only were the colonists denied the benefits of 
liberal and just legislation at home; many of the laws en- 
acted by parliament and approved by the king, were highly 
oppressive. These laws were designed to secure to Great 
Brit osively the benefit of the trade of the colonies: 

nacted declaring that no goods should be im- 
ported ir.i i the colonies but in English vessels. If brought 
in other both the goods and the vessels were to be 

forf ited to the British government 

S 10. Another law required such articles produced here 
as England wanted, to be transported to that country, and 
to other countries belonging to Great Britain. The colonists 
were permitted to ship to foreign markets such products only 
as English merchants did not want. They were prohibited 
from Belling abroad any wool, yarn, or woolen manufactured 
!s. Another law declared that no iron wares of any 
kind should be manufactured in the plantations. 

§11. Thus was it attempted to suppress manufactures 

in the colonies. In short, it was the policy of the British 

nnment to compel the colonists to buy of England all 

manufactured, as well as other goods they wanted which 

themselves produce, and to sell to England the 

)'ti' >n< of the colonies. For this purp ise, heavy 

dut; laid upon goods imported into the colonics from 

- I Britain and her possessions. Ti 
duties were taxes levied upon goo is brought into the colo- 
i. and wire collected by officers here from 
Importing . g ds. 

and effects of tluse duties will more 

inly appear from the following facts: — The colonists 

with tin- West India islands. Some of these islands 

i to France, Borne to Spain, others to Great Britain. 

the colonists from buying i1 the French 

$9. v ,1 character and object of the lawe 

lat;: i with thfl Coloi the 

1 1 . K V w I . 
tiesf | \:i. I '• 
tion of then dot 



56 citizen's manual. 

and Spanish Islands, parliament enacted a law compelling 
them to pay high duties on the molasses, sugar, and other 
articles from these islands. 

§ 13. Great Britain did not stop here. Not satisfied with 
these acts of parliament by which English traden had 
enabled to enrich themselves, parliament claimed tl 
to tax the colonies M in all cases whatsoever; " and an act 
was passed accordingly, laying duties upon all t« 
pap2r, and painters' colors, imported into the colonies; and 
the money thus collected was put into Lhe British treasury. 

§14. The colonists remonstrated against these unjust 
laws. Petitions were sent to the king, and memorial* 
both houses of parliament, praying that these laws might be 
repealed, but in vain. At length, the coloi 
longer to submit to such laws, and the British 
attempting to enforce them, a war between th< ton- 

tries was the consequence, 

§ 15. The war commenced in 1775. On the 4th of* 
177G, the congress declared the colonies to be free and in- 
dependent states, no longer subject to Great Britain. ( 
gress was a kind of legislative body, composed of a few 
delegates or representatives from each of tie* several 
A description of this congress will be given in another part 
of this work; also the declaration of independence, with 
names of the men who signed it. After a severe strug 
of about seven years, the war was ended, and I itain 

acknowledged the independence of the states. This chu 
in our relations with that country, and the establishment of 
independent governments in the Btates, ts called lh< 
can Revolution. 

§10. Since the states declared themselves indepen 
one after another has changed its government until all o( 
original thirteen have adopted new constitutions. During 
this period, eighteen new states have been admitted into the 
Union, making the present number thirty-one. 

^ 13. To what extent did Great Britain carry this kind of 1< 
tion ? § 14. What did the colonists do to obtain relief? § 15, In 
what year did the war commence ? How lone; did it continue ? What 
is meant by the American Revolution ? ^16. What is the pri 
number of the states ? "Which was last admitted ? 



STATE GOVERNMENTS. 5? 



STATE GOVERNMENTS. 



CHAPTER XL 

BY WHOM POLITICAL POWER IS EXERCISED IN THE STATES OF 
THIS UNION. 

§ 1. The first act of political power is, as we have seen, 
the establishment of a constitution, or form of a government. 
The next exercise of power by the people in their political 
capacity, is the election of officers to administer the govern- 
ment. But prior to the exercise of this power, it must be 
ermined to whom it shall be intrusted. 
_ In speaking of the 'people as acting politically, we do 
not mean all persons; but such only as are entitled by the 
constitution to vote at elections. It is the common opinion, 
that the dirties which both nature and the custom of civilized 
led to females, are such as to render it 
improper for them to take an active part in public affairs. 
\ r .Jit males to be permitted to do so, until they shall 
have had time to acquire the requisite knowledge and judg- 
ment power discreetly. And that they may act 
independently, they ought to have attained the age and 
condition of freemen. None, therefore, but free male cili- 
- of the age of twenty-one years, are allowed to vote at 
elect; 

. That a man may vote understanding!}', he ought also 
to hi jh in the state to bea >me acquainted 

§ 1. In wl • the peo| political p 

§2. To what ck« of perrons is political | | 3. What 

qualifications are requisite to constitute a man . 
3* 



58 citizen's manual. 

with its government and laws, and with its citizens, from 
whom he is to select those for whom he is to vote. All our 
state constitutions require, as one of the qualifications of 
every elector, that be shall have resided in the state for a 
specified period of time; which period i> not the same in all 
the states, varying in the different m three months 

to two years. In most of the states, be must also h 
resided for some months in the county, and be a resident 
the town in which he offers to vote. 

§4. Under the early constitutions of the i s, the 

right of voting, otherwise called the right and 

the elective franchise, was restricted to those who owned 

properly, or paid rent or taxes to a certain amount. Jn the 

election of the higher state officers, freeholders only n 
entitled to vote, A. freeholder is an owner of real est 
(hat is, property in lands, which he may h«»ld in his i 
right and transmit t<> bis heirs, 

§5. Jn the constitutions of the newer states, tl 

sion of property has not been made a qualification of an 
elector; and in the amended constitutions of the old states 
this restriction upon the elective franchise has hen r 
until it has nearly ceased to exist in the United States, Th * 
right of voting is now enjoyed by all independent white male 
citizens, with few exceptions, in almost every state of the 
Union. 

§6. All male citizens, as the term is h< re used, dot 
mean cm-vy man twenty one years of age, Foreii 

aliens, are not in law called citizens, nor entitled to 
political privileges enjoyed by persons bom in this country. 
Their knowledge of our government is deemed to he 
limited to quality them immediately for the proper i 
of political power; nor is it presumed that they will feel a 
sufficient interest in our government until they shall h 
become permanently settled in this country. A way is i 
vided by which, after a residence here for a term of years, 
they may be admitted to all the privileges of native citizens. 

(4. How was the right of suffrage formerly restricted V What is a 

freeholder? $5. To what extent does the elective franchise exist ;.t 

present in this country ? § 6. AYho are called aliens t Have they the 
right of suffrage ? 



STATE GOVERNMENTS. 59 

Their becoming' thus invested with the rights of natural born 
citizens, is called being naturalize?. (See Naturalization.) 

^ 7. Also persons convicted of certain infamous crimes are 
denied the privilege of voting thereafter at elections, unless 
they hare been pardoned before the expiration of the term 
for which they were sentenced to be imprisoned, or unless 
the disqualification be removed in some other way prescribed 
by law. 

It will be seen by reference to the several state con- 
stitul ohite male citizens' 1 only are mentioned as 

entitled to the right of suffrage, in most of the states. In the 
New England sta pt Connecticut, there is no exclu- 

Itizens from the right of voting. And in 
New York, male citizens of color owning a freehold estate 
of the value of $250, are qualified electors. 

. Tiie justice or propriety of excluding persons of color 
from a participation in the government, may well be ques- 
tioned; and the subject has received much consideration 
and discussion in the several state conventions by which the 
o institutions have been framed, as well as by the people by 
whom the constitutions have been adopted. 13ut hitherto, 
attempts to enfranchise colored citizens have generally proved 
unsuccessful. 



CHAPTER XII. 

ELECTIONS. 

5 1. Elections are annually held in each state for elect- 
ive in the several administrations of state, 
an 1 t wns. Town meetings for tie' election of 
- are usually held in or near the months of 

$7. By what act can a legal foter disqualify himi . What 

born male cif denied the right of vol i 

opinion a^ to the justice of denying them ill i 

$ 1. What elections are held in eacl .d wheat 



60 citizen's manual. 

March and April. Most officers elected by the people, other 
than town officers, are chosen at the general state election, 
which, in most of the states, is held in the month of October 
or November. 

§2. Elections are conducted by persons designated by 
law, or chosen by the electors of the towns for thai purj 
It is their duty to see that order is preserved, and that the 
business at elections is properly done. They are usually 
called judges of elections, or inspectors of elections Per- 
sons also, (usually two,) are appoint rks, 

§3. Each clerk keeps a list <>t* the names <•(* the el< 
voting at the election, which is called a poll-list. Poll i 
Saxon word, signifying head, and has come to mean pen 
Hence, so much u a head" means so much for every person, 
By a still further change, it i> made i i an election, 

because the persons there voting are numbered. 'I i. 
"going to the polls "#has obtained the same meaning 
going to an election, or to the place of voting. 

§4. When the hour appointed has arrived, and the officers 
of election are ready to receive votes, the polls are said t i 
be Opel*; and one of the officers makes it known by a p 
clamation, or public announcement. Bach i lector 1. 
one of the inspectors a ballot, which is a piece of paper, on 
which arc written or printed tic names of the persons he 
votes for, and the title of the office to which each is to be 
elected. Ballot, from the French, means a little ball, and is 
used in voting. Ballots are of different color-; those of one 
color signifying an affirmative vote; those of another color, 
a negative vote. Hence, the application of the word to the 
written or printed ticket now generally used in voting. 

§ 5. If no objection is made to an elector's voting, and the 
inspectors are satisfied that he is a lawful voter, the ballot is 
put into the box; and the clerks enter his name on the poll- 
list. If the inspectors have reason to suspect that a person 
offering to vote is not a qualilied elector, they may, bef 
receiving his ballot, question him upon his oath in respect to 
his qualifications as to age, the term of his residence in the 

§2. By whom arc elections conducted? §3. What is the duty 
of a clerk? Define poll. §4. Describe the process and manner of 
voting at elections. Define ballot. 



STATE GOVERNMENTS. 61 

Btate and county, and his citizenship. Any bystander also 
may question his right to vote. This is called challenging. 
A person whose vote is thus challenged, is not allowed to 
until the challenge is withdrawn, or his qualifications 
are either proved by the statement of other persons, or 
sworn to by himself. 

J 6. In the New England States, a list is kept of all per- 
town who, upon examination, have been ascer- 
d to be duly qualified voters; and those only whose 
names are thus d are allowed to vote. Thus is 

avoided much of the confusion and delay often caused in 
other states, by the examination of voters at the time of 
voting; and much illegal voting is prevented. Voters in 
these states are also required to take what is called the 
" elector's oath," in which they promise to be true and faith- 
ful to the state and its government, and also to the constitu- 
tion of the United States; and to give their votes as they 
shall judge will conduce to the best good of the same. 

S 7. After the polls have been closed, the box is opened, 
and the ballots are counted. If the number of ballots agrees 
with the number of names on the poll-lists, it is presumed 
no mistake has been made, either in voting or in keeping the 
3. The number of votes for each candidate being ascer- 
tained, a statement is made of the names of all the per- 
sons voted for, and of the number of votes given for each, 
and signed by the officers of election. This statement, or a 
• it, is deposited with the town clerk, either to be 
kept on lorded. It the election is one for the choice 

it is there determined who are el< cted, and 
their election is publicly declared. 

§ 8. The election of county and state officers can not, of 
be determined by the canvassers in the towns. The 
iven f<>r the several candidates in each 
• t i the board of county canvassers, who deter- 
mine and declare the election of officers chosen for the 

qaaHficatioDfl are donbtfal, how arc they 

tainedl $ fi. Id certain states what n Jt in near.] ;<> 

elections i 8. How is the election of rmi.ii.lat.-> ; p 

i? Who, in Ibis state, arc the con: 



62 citizen's manual. 

county. To determine the election of state officers, and 
such others as are elected for ^districts comprising more 
counties than one, a statement of the votes for the candi- 
dates for these offices is sent by the several hoards of county 
canvassers to the statu canvassers at the seat of government 
who, from the returns from the several counties,, determine 
and declare the election of these officers, 

§9. In the states of Virginia, Kentucky, Missouri, and 
Arkansas, voting at popular elections is done openly, or I 
voce. Viva voce means literally, living \ ice, ing in 

this manner, the elector pronounces the name of the p< 1 
for whom lie votes. 

§ 10. In most of the states, the election of officer- is 
effected by a plurality of votes. An election by pluralii 
when the person elected has received a higher number of 
\ r otes than any other, though such number should be 
than a majority of all the votes given. Jf, for example, out 
of 1,000 votes divided among three candidates, one should 
receive 450, another 300, and the third the remaining 2 
votes; the first, having received the highest number, though 
not a majority, would be elected. 

§11. In the New England states, a majority, that is, 
more than half, of all the votes given, is necessary t<> an 
election. Hence, the least number of votes out of 1000 by 
which a person can be chosen, is 501. There are a few 
exceptions to the majority principle in the election of candi- 
dates, in some of the above named states; certain of& 
being elected by plurality. 

vn 12. Both these modes are liable to objection. Wh< 
simple plurality effects a choice, 1,000 votes may be 
divided upon three candidates, as to elect one of them by 
334 votes: or, of four candidates, one may be elected by 
251 votes. Thus a person may be elected who is the first 
choice of but a small portion of the people of his district. 
Artful politicians, taking advantage of this mode of election, 
have sometimes secured the election of a favorite candidate 
by a small plurality of votes. 

§ 9. In what states is voting done viva tore? § 10. What is meant 
by election by plurality ? § 11. In what states are. elections generally 
by majority? § 12. What objection is there to electing by plurality? 



STATE GOVERNMENTS. 63 

§13. An objection to the other mode is, that if no person 
receives a majority of all the votes, a new election must be 
held; and sometimes several unsuccessful trials are made 
before a choice is effected; thus subjecting the electors to 
much inconvenience, and leaving offices for the time vacant 

8 s have occurred in which the people of a district have 
been for a long time without a representative in the state or 
national legislature. 



CHAPTER XIII. 

STATE LEGISLATURES HOW CONSTITUTED. 

§1. The legislature of every state in the union is com- 
posed of two houses, a senate and a house of representa- 
tives. The latter, or lower house, in the state of New York, 
is called the assembly ; in 2\orth Carolina, the house of 
commons. 

The senate, as well as the other house, is a represen- 
tative body; its members being elected by the people to 
represent them. Perhaps the reason why the lower house 
"the house of representatives," k that 
vernments, this was the only represent- 
e branch of the legislature; our present senate being in 
. the old council, I which w 

1 by the king. Or, perhaps, as the m< mbers of the 
ar<*, in most of the states chosen for shorter 
terms than senators, art* more numerous, and consequently 
repr taller districts, they may be considered as more 

fully and more immediately representing th<; people. 

§3. Senators are chosen annually in the six- New 
land and in Georgia. In the' oth< r 

$ 13. Win - by raajoril 

$ 1. 

idyl Why, Uien, in I 

douse i 



04 citizen's manual. 

elected for terms of two, three, or four years, except Mary- 
land, where they are chosen for six years. In most of the 
states in which senators are elected for longer terms than 
one year, the senators are not all elected at the same time ; 
but are divided into classes; those of one class going out of 
office one year, and another class another year; so that only 
a part of the senators are elected every year, or every two, 
three, or four years. In New York and a few ether sta 
the senators are not thus chased; and all are elected at one 
time. 

§4. The senate is sometimes called, by way of distinction, 
the upper house; being a more select body, composed of 
men generally chosen with reference to their superior ability, 
or to their greater experience in public affairs. 

§ 5. Senators are differently apportioned in different states. 
In some states they are apportioned among the several 
counties, according to their population. In others they are 
elected by districts; the state being divided into as many 
districts as there are senators, and a senator being chosen in 
each district, as at present in New York. In a few of the 
states, the senatorial districts being unequal in size and pop- 
ulation, more senators are apportioned to some districts than 
to others. 

§ 6. Representatives are elected annually, except in the 
states of Delaware, North Carolina, South Carolina, Missis* 
sippi, Louisiana, Arkansas, Tennessee, Ohio, Illinois, Mis- 
souri, Texas, Iowa, in which they are chosen every two 
years. Representatives are, in most of the states, appor- 
tioned, as nearly as may be, among the several count 
according to the number of inhabitants in each county. In 
the New England states, the representatives are apportioned 
among the several towns of the state. The rules, however, 
by which the apportionment is made, are not the same in all 
of these states. 

§3. For what terms are senators in the different stntes elected? 
In this state, for what term? What is said of classifying senate:.- 
in some states? §4. Why is the senate called the upper house? 
§5. How are senators apportioned in the different states? How in 
this state? §6. In what states are representatives chosen annually? 
For what term in this state? How are representatives. apportio' 



ST1T1 GOVERNMENTS. 65 

§ 7. in the states of New York, South Carolina, and 
ssoori, representatives are elected by districta By the 

constitution of New York, adapted in 1846, the representa- 
tives are required to be apportioned among the several conn- 
their population ; and each county entitled to 
m^re representatives than one, is divided into as many dis- 
tricts as there are representatives for the county ; the districts 
to contain, as nearly as may be, an equal number of inhab- 
itants; and a representative to be elected in each district. 

j B. There arc always some counties or districts in which 
the population increases more rapidly than in others, so that 
o( two counties containing nearly an equal number of in- 
habitants when an apportionment of representatives is made, 
the population of one of them may, a few years there- 
after, be double that of the other, and justly entitled to a 
ter number of representatives. 
§ 0. It is therefore provided by the constitution, that at 
the end of certain periods, the inhabitants of the state shall 
be numbered, and a new apportionment of senators and 
representatives made, according to such enumeration, so that 
h county and district may have its just proportion of 
itors and representatives. The periods of time between 
the enumerations are not the same in all the states, varying 
from four to ton years. An enumeration of the people is 
;lly called census, which, among the Unmans, meant the 
valuation «»f a m te, and the registering of himself 

and his family. 

qualified voter may be elected a member 

v York, and 
p rhaps a few others. To be i eligible to the office of senator 
<>r I I itive, the constituti'>n requires that a person 

ill have resided in the ri certain term of years. 

In most of the states senators, and in a few of them repre- 
/ltives, must be of greater age than twenty-one years; 
and in some of them they are also required to be freeholders. 

How are I Y«>rk? $8, 

iK What | !•• lor or* - lality of n 

ral counties? U>>\\ 
taken in this state? $ 10. Is every qualili ligible to the 

office of senator or representative? How is it in this s f v 
3A 



66 citizen's manual. 

§11. If a senator dies, or resigns his office, before the 
term expires for which he has been elected, the vacancy is 
filled by the election of another person at the next election 
of senators, or in such other manner as the constitution may 
provide. But the person chosen to fill a vacancy, holds the 
office only for the remainder of the term of him in whose 
stead he was chosen. Where senators are elected to m 
but for a single session, as is the case where they are eh 
annually, no provision to iill a vacancy seems to be necessary. 



CHAPTER XIV. 

ORGANIZATION OF LEGISLATIVE BODIES; PRIVILEGES OF 
MEMBERS, «Lc 

§ 1 The legislature, composed of the senate and hou 
representatives, meets as often as the constitution requi 
to consider the condition of the state, and to enact such laws 
as may be necessary to promote the public welfare. In th 
states in which representatives are elected annually, the 
legislature meets every year: id most of those in which they 
are elected biennially, the legislature meets only once in two 
years. Meetings of the legislature are held at a place per- 
manently fixed by the constitution, or by act of the legislature ; 
at which place the principal state officers keep their offi 
Hence it is called the seat of government, or more frequently 
the capital of the state. The building erected for the ac- 
commodation of the legislature and other state officers, is 
called the capitol. 

§ 2. The two houses having assembled, each in its own 
chamber, every representative and every new r senator is re- 
quired, before proceeding to business, to take the oath of 

$11. What provision is made to fill vacancies in the legislature? 

§ 1. How often do legislatures of states meet? How often in this 
state, and where? §2. What does a representative, in his oath of 
office, promise to do? 



STATE GOVERNMENT.-. G t 

office, in which he solemnly swears that he will support the 
constitution of the United 9 and the constitution of his 

own state; and that he will discharge the duties of his office 
I his ability, 
ted to the more important and fe- 
asible pul [nired to take such oath. An 
oat/ - - lemn declaration, in which the person appeals 

to the truth of what he declares. Oaths 
- it i> presumed that persona under the 
obligation of an oath, will be more likely to act conscientious- 
ly. II u oven ur. lemn obligations, 
discharge their duties very unfaithfully. The faithful dis- 
charg ublic duties is be^t secured by the election of 
1 men. 
6 4. The constitution declares what number of members 
shall constitute a quorum. Quorum means such number of 
any body of men as have power to act. It seldom happens 
that all the members of a numerous body can be present at 
the san. itutions therefore declare what number 
of members of each house shall constitute a quorum to do 
3. In most of the states, a majority of all the mem- 
bers constitutes a quorum; in others, two-thirds. A -mailer 
numbi-r than a quorum, however, ho r to adjourn 

ind to compel the attendance of abfl 
mem' 

tain rules of 
constitution alio? 

r the inform- 
al to keep a journal 

gp, and to publish ti 
as ought to !"• k et And thai 

kept 
• when the public welfare reqtrii 
§ 0. lit injury or interruption to the public busi- 

ivide, that members shal 
for certain crimes and misdemeanors, be arrested 

6 3. '•'. nnth ' Why '•' 

What mm ^ ,ls 

: of the r 
bodice? $6. "What privilege as to Brett, hav< 



68 citizen's manual. 

process during the session of the legislature, or in going to 
or returning from the same. This means, in plain langu, 
that they shall not be detained by prosecutions at law, except 
in cases of crime mentioned in the constitution or laws of 
the state. 

§ 7. Each house has power to expel any of its members, 
and punish its members and officers for disorderly behavior, 
by imprisonment. And cadi house may also punish other 
persons as well as its members, for contempt or insult offered 
to the house; for disorderly conduct tending to interrupt its 
proceedings; fur publishing false and malicious reports of 
the proceedings, or of the conduct of the m< mbers; and for 
sundry other offenses. 

§ 8. After the members have been sworn into oilier, they 
proceed to the appointment of officers of their respective 
houses. Each house elects one of its members as chairman, 
who is usually called speaker* The lieutenant-governor, in 
states where there is one, presides in the senate, and is called 
president of the senate. In the absence of a presiding off] 
a temporary speaker or president is elected, who is called 
speaker or president pro tempore; commonly abbreviated, 
protein., which is a Latin phrase, meaning for the time. 

§ 9. It is the duty of the person presiding to kfeep order, 
and to see that the business of the house is done accordi 
to its rules. And when a vote is to be taken he puts the 
question, which is done by requesting all who are in IV 
of the proposed measure to say M aye/' and those opposed to 
say "no;" and when a vote has been taken, he declares the 
question to be carried or lost, as the ease may be. This part 
of a speaker's business is much the same as that of the 
chairman or president of an ordinary public meeting. 

§ 10. Each house also chooses a clerk to keep a record or 
journal of its proceedings; to take charge of papers, and to 
read such as are to be read to the house ; and to do such 
other things as are required of him; a serr/eant-at-arms, 
whose duty it is to arrest members or other persons guilty 

§ 7. What power has a legislative body to preserve order? § 8. How 
are presiding officers appointed? What are they called? In this state, 
who presides in the senate? § 9. What are the general duties of a 
presiding office r? §10. What other officers are usually chosen? 



STATE GOVERNMENTS. C9 

of disorderly conduct, to compel the attendance of absent 
members, and to do other business of a like nature; also one 
or more door-keepers. The officers mentioned in this section 
are not selected from the members of the bouse, but from 
the citizens at large. 



CHAPTER X V. 

MANNER OF ENACTING LAWS. 

§ 1. When the two houses, having been duly organized, 

are ready for business, the governor sends to both hous< 

<ayo, which is read to each house by its clerk. The 

rnor exhibits in his message the condition of the affairs 

the state, and calls the attention of the legislature to such 

subjects as he thinks ought to receive their consideration 

and action. 

§ 2. Boon after the legislature has commenced its business, 

the committees of each house are appointed. A legislative 

generally i of either three, fire, or seven 

ler and act upon matters intrusted, or 

- them. The committees are usually appointed 

si ling officer "i the house, and are, numerous. 

■ all of the following commil appointed in the 

»f every state: a committee of finance, or the 

funds and other money matters of the state; ;i committee on 

>mmittee on manufactures; also commit! 

- and villages; mi banks and 
; on rail-roads; on canal.-; on education; 
• with sundry others. 

of appointing these committees is I 
:' the house. B - i number and 

$ 1. When the ]r_'i»laturo ia ready for bosl 
$ 2. By whom 
ihe sal 



70 citizen's manual. 

variety of subjects are presented for the action of the legis- 
lature, that they could not all be disposed of during the 
longest session, if the whole house were occupied in the 
investigation of every subject. But as all the information 
necessary to enable the house to act understanding];-, d 
as well be obtained by a committee composed of a tew men 
as by the whole house, inquiries into many of these subj 
may be going on at the same time. 

§4. Applications t'<»r tie- establishment of banks, 
ferred to the committee on hanks, to inquire into tie* m i 
sity of such hanks; subjects relating to Bchools, are referred 
to the committee on education; those relating t<> rail-roads, 
to the committee on rail-roads, eve. Thus is ev< ry Bubjeot 
referred to its appropriate committed. It' at any time a mat- 
ter arises having no relation to those subjects upon which 
standing committees are appointed, it is usually prop eed to 
refer it to a select committee, appointed for the special pur- 
pose of considering such subject 

§5. The members of the several committees meet from 
time to time during hours when the house is not in sessi »n, 
to consider the matters referred t<> them. At the meeti 
of a committee, any person wishing to he heard in favor of 
or against a proposed measure, may appear .before the com- 
mittee for this purpose Persons from all parts of the state 
are usually in attendance during t as of the legisla- 

ture to urge or oppose the \ I laws in which they 

are interested. 

^ ('). After due inquiry and consideration, committees make 
their reports to the hoii.se. A report of a committee contains 
a statement of the facts that have been ascertained, and of 
the reasons why the law prayed for ought or ought not to 
be passed. If a committee reports against a measure, the 
house generally dismisses the subject: if the committee 
reports in favor of such a measure, it usually brings in a bill 
with the report. A bill is a draft or form of an intended law. 

Cn 7. Not all bills, however, which are brought before the 

§3. For what purpose are these committees instituted? $4. In 
what cases are select committees appointed? § 5. When do commit- 
tees meet for inquiry and consultation? § 6. When and what do 
committees report to the house? WhatisafoVZ? 



STATE GOVERNMENT?. • 71 

house, are reported by committees. Any member of the 
bouse desiring the pass _ > gives tiee that he will, 

on some future day, ask leave of the house to introduce 
bill fotf that purpose; and, at the time specified, if the h 

sliall grant leave, he may introduce the bill. But in all 

ik iticc must be givi n of 
intention mted to 

intr- l 'ill. 

\ bill must go through many stages and form 

delibera a law; all of which it 

not deemed imp detail in this place. These forms 

of deliberation and action are, with some unimportant ( xcep- 
tions, the same in all legislati?< 

a bill is passed, it must be read three times; but it may 
be read oftener than once on the same day without the 

of the whole house, in : in others, thl 

fourths or two-thirds of the house. Nor can it be altered i r 
amended - - >nd reading. 

bill has been read twice, it is referred to a 
committee of the whole house, to be taken up for discussion 
and amendment. When a house I itself into a com- 

mittee of the whole to consider a bill thus committed, tie 

.ker appoints another member to the chair, and 
speak. -r rt in the debate, if he ch rdi- 

. When either house is in committee of the wl 

in." Wh< q 

not in i the 

chair, whetfr 

: to tie* chair, ia called M sj • ak< r." In 

ser/ 

is not in committee of the whole, is addr 

"president." 

I bill has b<en fully <l : 

.. and t-» 

n what other v I most 

a bill be rea<] 1 >e for- 
mer tlicn 
J 10. What i.s this tempora 



72 % citizen's manual- 

day the third time. To engross a bill is to copy it in a large, 
fair hand, after it has been amended in committee of the 
whole. On the proposition to engross a bill for a third read- 
ing, is the proper time for those opposed to the bill to take 
their stand against it. If the question on the engrossment 
and third reading of a bill is not carried, the bill is lost, un- 
less revived by a vote of the house to reconsider. But if 
the question to read a third time is carried, the bill is accord- 
ingly read on a future day, and the question taken on its 
final passage. Farther amendments are sometimes made to 
a bill on its third reading. 

§ 12. When the final vote is t<> be taken, the speaker puts 
the question: "Shall the bill pass?" and requ< e in 

favor of it to say "aye," and those opposed to say "HO." 
If a majority of the members present vote in the affirmative, 
(the speaker also voting.) the bill is passed; it' a majority 
vote in the negative, the bill is lost. Also if the ayes ami 
noes are equal, it is lost, for lack of a majority in its f.v 
In a senate where a lieutenant governor presides, not bring 
properly a member, he docs nut vote, except when the ; 
and noes are equal: in which case there is said to be a 
He then determines the question by his vote, which is called 
the coating rote. 

§ 13. In the state of New York, on the question of a final 
passage of a bill, a bare majority of the members pr Bent 
voting in the affirmative is not sufficient to pass it, on] 
every member happens to be present The constitution re- 
quires a majority of all the member* elected to each hoi 
Hence, the senate consisting of thirty-two members, and the 
house of one hundred and twenty-eight, the v<»t>-s of seven- 
teen senators, and of sixty-live representatives, are necessary 
to pass a bill. 

§ 14. When a bill has passed one house, it is sent to the 
other to be considered and acted. upon in the same manner; 
and if agreed to by that house also, without alteration, the 

§ 11. When is a bill engrossed? What is engrossing a bill? What 
takes place on the proposition to engross? § 12. How is the question 
on the final passage of a bill determined? § 13. What majority is 
necessary to pass a bill in the legislature of New York? ^ 14. After 
a bill has passed one house, what is done with it? 



STATE GOVERNMENTS. 73 

bill is passed. If a bill be amended in the second house, it 
must be returned to the first, and the amendments agreed 
to. or the bill is lost Some bills are sent several times from 
one house to the other with amendments, before they are 
agreed to by both. 

R 15. In a majority o( the Btates, a bill, after it has passed 
both houses, i> to be senl to the governor to be approved 
and signed by him. as in Great Britain bills passed by par- 
liament are sent to the- king for his approval. In refusing to 
sign a bill, he is said to m <ja(ivv or veto the bill. (See Chap. 
V.. §5.) No executive, however, in this country, has the 
power of an absolute negative upon acts of legislation, as in 
limited monarchies, where no laws can be enacted without 
the approval of the executive. Provision is made for the 
enactment of laws, notwithstanding the veto of the governor; 
hence he has only a qualified negative. 

§ 16. If a governor refuses to sign a bill, he must return 
it to the honse in which it originated, stating his objections 
to it ; and if it shall be again passed by both houses, it will 
be a law, without the governor's approval. But in such 
cases greater majorities are required to pass a law. In 
some states, a majority of two-thirds of the members present 
is required to pass a bill returned by the governor; in others 
a majority of all the members elected to each house. Or if 
the governor does not return a bill within a certain number 
. it becomes a law without his approval, or without 
red a second time. 

§ 17. Ti in which majorities of two-thirds of both 

houses are necessary to pass bills negatived by the governor, 

are Main.'. New Hampshire, Massachusetts, New York, Penn- 

►rgia, Mississippi, Louisiana, Michigan, Iowa, and 

Texas. In tie- following States a majority of all the members 

od to each house is required: Vermont, Connecticut, 

. What co- ■ hill take after it has p-iss* .1 both 1 

i bill? What ia Ihe difference I ■■ tw< en an 
Bttivet (» 16. What <!< ej doi do 

i a bill? How may it become a law withoul 

,7. 1 n what Mates are majorities of tw<>-th. 

i by the governor? in what itatea a majority otj 

all the ne •ed to each house? 

4 



74 citizen's manual. 

New Jersey, Alabama, Florida, Arkansas, Kentucky, Indi- 
ana, Missouri, and Illinois. In the last mentioned state the 
judges of the supreme court are associated with the governor 
in revising bills. 

§ 18. In the states of Rhode Island, Delaware, Maryland, 
Virginia, North Carolina, South Carolina, Tennessee, and 
Ohio, bills become laws when passed by both houses and 
signed by the presiding officers of both houses, without being 
submitted to the governor. 

§ 19. It may be asked, Why should a bill ever be sent to 
the governor for his approval? For reasons similar to tli 
for which a legislature is made to consist of two branches. 
Bills are often passed hastily, and without due information. 
Or, a house may, after the most careful deliberation, pa- 
bill without discovering all its errors. It is a wise provision, 
therefore, to require a bill having passed one house to be 
sont to another, where any mistakes committed by the first 
house may be detected, and the bill either amended or 
wholly rejected. 

§ 20. But errors are sometimes committed by both houses. 
Therefore to guard still more effectually against the enact- 
ment of bad laws, it is provided that the governor also shall 
examine and approve bills. But that it may not depend on 
one man what laws the people shall have, the governor is 
required to return to the legislature all bills which he dors 
not approve, to be passed, if possible, in the manner pie- 
scribed by the constitution. 

§ 21. The compensation of members of the 1< 'p>lature is 
fixed by the constitution in some states, in others by law, 
and paid out of the treasury of the state. 

§ 18. In what states are bills not required to be sent to the gover- 
nor? § 19, 20. Why are bills submitted to the governor for his assent? 
§21. What amount of compensation do members of the legislature 
receive in this state? 



STATE GOVERNMENTS. 



IS 



CHAPTER XVI. 

EXECUTIVE DEPARTMENT, GOVERNOR AND LIEU TENANT 
GOVERNOR, 

§ 1. The chief executive power of a state is, by the con- 
stitution, vested in a governor. He is assisted in the admin- 
istration of the government by several subordinate executive 
officers. The governor is chosen at the general annual elec- 
tion. In Virginia and South Carolina, the governor is chosen 
by the legislature. The terras of office are not the same in 
all the states. In the six New England states, the governor 
is chosen annually; in the other states for different terms of 
iw.i three, and four years. 

S 2. Hie qualifications of governors are also different in 
different states, To be eligible to the office of governor, a 
person must have been for a certain number of years a citi- 
zen (in some Btates a native born) of the United States; and 
far a term of years preceding his election a resident of the 
He must abb be above a certain age, which, in a 
majority of the states, is at least thirty years; and in some 
he must be freeholder, 
powers and duties of a governor are numerous. 
Usually mentioned in a constitution are the 
sends to the legislature at the beginning of 
. a message, containing a statement of the gen- 

affilirs of the State, and recommending such measures as 
shall judge to be expedient It is his duty also to see 
that the laws are executed, and to transact all necessary 
business with the officers of government. 

^ 4. A governor has power also to grant reprieves, and in 

$ 1. In whom is the executive power of a state rested? Sow, 
,, rind for what feetOM, are governors chosen? Foi what t< rm in 

this state 1 §2. What are the genera] qualification! of a governor? 

What in this state? § 3, Mention some Of the duties of a governor? 



76 citizen's manual. 

most of the states pardons, except in eases of treason and 
impeachment If a person is sentenced to suffer death, a 
governor ma)-, if he thinks proper, put off the execution of 
the sentence to a later time than the day appointed. Thi 
granting a reprieve. To grant a pardon would annul the 
sentence, and exempt him from punishment In bodq 
the pardoning power is exercised by the legislature. 

§5. The governor has power also, in some states, with the 
consent of the senate, to appoint tin* higher militia officers, 
and certain civil officers in the executive and judical depart- 
ments. In a few of the states, there are executive coin, 
whose advice and consent are required in such cases. In 
making such appointments, the governor nominates, that is, 
he names to the senate, in writing, the persons to be appointed 
If a majority of the senators present consent, the persoi 
nominated is appointed. Many other powers and du 
by the constitution devolved upon the governor, as will he 
seen hereafter. 

§6. The duties of a lieutenant-governor are not very 
numerous. He is president of the senate, as has been stated, 
but has only a casting vote therein. The principal object in 
electing tliis officer seems to be, to provide a suitable person 
to fill the office of governor in ease the same should become 
vacant. In about one half of the states, the office of lieuten- 
ant-governor does not exist. 

§7. When the lieutenant-governor acts as governor, tin* 
senate chooses from its own number a president And if the 
offices of both the governor and lieutenant-governor should 
become vacant, the president of the senate must act as gov- 
ernor. In states where there is no lieutenant-governor, the 
duties of the governor, in case of vacancy, devolve upon the 
speaker of the senate; and if the office of the speaker of the 
senate also becomes vacant, then the speaker of the house 
of representatives acts as governor. 

§4. "What is a reprieve? A pardon? Has the governor this power 
in all the states? Has he in this state? § 5. What is said of the £ov- 
ernor's power of appointment? § 6. What are the duties of a li. u- 
tenant-governor? Is there a lieutenant-governor in this state? { 7. 
In states where there is no lieutenant-governor, who pre^des in the 
senate? And who acts as governor in case of vacancy? 



B1 ME GOVXBNKBB 77 



: A PTEB XV ii. 

ative officers who assist in the admin- 
ition of the government, there are in every stale either 
ill of the followin control- 

ler, or auditor; a treasurer; an attorney-general; and a 
•ml. The m tment and the terms 

■■■ 1 by the constitution or by law. [n 
ppointed by the governor and 
3 by the legislature; ami in others they are 
ted by tl keep their offices at 

; of the state. 

- keeps a record of the official 

legislature and the executive 

of all the books, records, deeds of 

. and of all the law 1 by the 

rs and documi ::' - !• quired by 
kept in h 

it the 

. ite copies t'» be made 

I in 

! by law. And after the i I 

[so causes the law 

ether in a volume, and distributed. 

bound, are deposited in the public 

of the officers of the govern- 

i'h county clerk, and t<» each 

rk in th< i be kepi in their offices for the d e 

$ i. 

.Mm in tli 

| 'A. What .'irv his d . Ilth- 



78 citizen's manual. 

of the people who wish to examine the laws. Copies are 
also sent to certain officers of the government; and one or 
more copies are exchanged with each of the states, for copies 
of their laws to be kept in the state library. Various other 
duties devolve upon the secretary of state. 

§ 4. The state auditor, in some states called controller, 
manages the financial concerns of the state ; that is, the busi- 
ness relating to the money, debts, land, and other pr ope rty 
of the state. He examines and adjusts all accounts and 
claims against the state, and superintends the collection of 
moneys due the state. When money is to be paid out of the 
treasury, he draws a warrant (a written order) on the treas- 
urer for the money, and keeps a regular account with the 
treasurer, charging him with all the money the treasurer 
receives, and giving him credit lor all lie pays out on the 
orders of the controller or auditor. He reports annually 
to the legislature a statement of the funds of the state, and of 
its income, and its expenditures during the preceding year. 

§ 5. The treasurer has charge of all the public moneys 
that are paid into the treasury, and pays out the sam<' as 
directed by law. And he is required to keep an accurate 
account of such moneys, specifying the names of the persons 
from whom received, to whom paid, and for what purpoi 
lie also exhibits annually to the legislature a statement of 
moneys received and paid out by him during the preceding 
year, and of the balance in the treasury. 

§0. Auditors and treasurers, and other public officers 
intrusted with the care and management of money or other 
property, are generally required, before they enter on the 
duties of their offices, to give bonds, in sums of certain 
amount specified in the law, with sufficient sureties, for the 
faithful performance of the duties of their offices. The sure- 
ties are persons who bind themselves in writing to pay the 
state whatever the officer fails to pay, or whatever damage 
shall be sustained by his neglect of duty, not exceeding the 
sura mentioned in the bond. 



§ 4. What are the duties of a state auditor or controller? § 5. What 
are the duties of a state treasurer? § 6. What is the nature of a bond 
given by a public officer? 



STATE GOVERNMENTS. 79 

§ 7. The attorney-general is a person learned in the law, 
appointed to manage law-suits in which the state is interested. 
IK' prosecutes persons indebted to the state, and causes to 
be brought to trial persons charged with certain offenses. 
Be also gives his opinion on questions <>f law submitted to 
him by the governor, the legislature, and the heads of the 
departments. In some states, there is no attorney-general; 
suits in which the state is concerned being conducted on the 
part of the State by the state's attorney for each county. 

6 B« 'The surveyor-general superintends the surveying and 
selling o( lands belonging to the state. He keeps in his office 
maps of the state, describing the bounds of counties and 
towns; and when disputes arise respecting the boundaries, 
he causes surveys to be made, if necessary, to ascertain such 
b rands. These and other similar duties he is by law required 
t<> perform. 

§ 9. There is also, in many states, a slate superintendent 
wmmon schools. In some states, this office is connected 
with that of secretary of state. The duties of a superintendent 
are described in a subsequent chapter. 

§10. There are in every state one or more persons em- 
ployed to do the public printing. A printer chosen for this 
purpose, is called state printer. It is his business to print 
the journal, bills, reports, and other papers and documents 
<-t" each house of tie- Legislature, ami all the laws passed at 
-Inn to I"- distributed by tie- secretary of state as the 
requires. State printers are either chosen by the legis- 
lature, "i- employed by persons appointed Bar that purpose; 
<»r tie- printing is let to the person or persons offering to do 
it at tie- lowest pricea Printers are required to give bonds, 

with sureties, for the faithful performance of the work. 

$ 11. There are sundry other officers in the. service of the 

. prop rly called executive officers, among whom are the 
following: persons having the care of the public Li/i/</i/<</s 

$ 7. "What is the basis « of an attorner-general? Is there such an 

r ii this & What i> tli" business of a rarveyor-gen- 

h then one Id thifl state? (9. Is there a state superintendent 

b in thifl state? § 10. Whs! printing is done by state prfn- 

Eow, Of by Whom, arc persons procured SO do the public print- 
ing in this State? 



80 citizen's manual. 

I 

and other property of the state; a state librarian, who has 
charge of the state library, consisting of books containing mat- 
ter of a public nature, such as the laws of the state, laws of 
the United States, and the laws of each state, enacted from 
year to year; together with a large collection of miscellane- 
ous works; superintendents of state prisons, lunatic asylums, 
and other state institutions; the duties of some of whom will 
be described in subsequent chapters. 



CHAPTER XVIII. 

COUNTIES AND COUNTY OFFICERS J AND POWERS AND Dt i 
OF COUNTY OFFICERS. 

§1. The necessity of dividing a state into small districts 
of territory, has already been mentioned. (Chap. IX, § 1 t, 
15.) The first division is into counties: these again are di- 
vided into towns. These territorial divisions are the same 
as in England, the country from which the colonies were 
chiefly settled. 

§ 2. Counties in England were formerly districts governed 
by counts or earls; hence the name of county, A county 
was also called shire; and an officer was appointed by the 
count or earl to perform certain acts in the principal town in 
the county, which town was called shire town, and the officer 
shire-reeve, or sheriff, whose powers and duties were of a 
nature similar to those of the sheriff of a county in this coun- 
try. The shire town is that in which the court-house and 
other county buildings are situated, and where the principal 
officers of the county administration transact their busin 
In some counties there are tw r o such towns, which are called 
half- shires. 

§11. What other state officers, if any, are thero in this state? 
§ 1. Why is the division of a state into towns and counties neces- 
sary ? $ 2. How did the names of county and sheriff originate V 



STATE GOVERNMENTS. 81 

§ 3. Counties and towns are bodies corporate, or bodies 
politic. A body politic, or corporation, is a Dumber of per- 
sons linked and authorized by law to aet under one Dame, 
and as a single person, in ihe transaction of business. 1 tence 
a community of people, united for the purposes of govern- 
ment, is a body politic Persons associated lor any purpose 
without being incorporated by law, are not called ;t corpora- 
tion. The object of incorporating an association by law is 
i" give its members the power to make certain rules for 

their government, and to enforce those rules; and the power 
to BUe and the capacity to be sued, and lo hold and sell 
property as ^mc person. 

£ 4. Although the names of the officers of the county 

administration, and the distribution of power therein, are in 

some respects different in the different states, the powers 

exercised and the duties performed, are Dearly the same in 

all the states. In most of the states county officers are 

elected by the people of the counties at the general election. 

§ 5. Among the corporate powers of a county that have 

a mentioned, is the power of suing and being sued, and 

; erforming certain other acts. There must also be some 

man, or body of men, in whose name the powers of a county, 

. are to be exercised, and all acts and pro- 

:^t it are t<» be done. In a >me of the 

>, and some others, there is a board 

. < usually three,) w cor- 

Sforh and Michigan, the.-.- powers 

; by and in I . of the board of • •/ i rvi 

of the supen isors "l the >« \ eral 

h town. 

i officers has power also to examine 

• the county, and to order money 

to I ite to make oi 

ition to the building or repairing of the court- 
. . ther county buildings; and to perform such 

the law s reqi 

$3. I | 1. i ;'• ■■ < rally 

chosen '•' | ."•. By whom, and Lo whose nam< ow- 

4* 



82 citizen's manual. 

§ 7. There is also a treasurer in each county, to receive 
and pay out the money required to be collected and paid 
out in the county. There is also an auditor in some staj 
whose duty it is to settle and allow accounts and debts 
against the county, and to perform certain other duties. 
The duties of county auditors, in their several counties, are 
similar to the duties of a state auditor. Jn states in which 
there is no county auditor, his duties arc in pari performed 
by the county treasurer, or some other county officer or 
officers. 

§8. There is also a register, or recorder, who provides 
suitable books, and records in them all deeds, m< 
and other instruments of writing required by law to be re- 
corded. In New York, and perhaps iii some ether Btatea, 
the business of a register or recorder is performed by the 
county clerk, who is also clerk of the several courts held in 
the county, and who serves in the capacity of clerk or secre- 
tary to certain boards of county officers. In some states, 
deeds, mortgages, &e., are recorded by the town clerics of 
the several towns. 

§ 9. Another county officer is a sheriff, whose duty it is 
to attend the sittings of all courts held in the county; to 
execute all warrants, writs, and other processes directed to 
him by the proper authority; to apprehend persons chargi d 
with crime; and to take charge of the jail and the prisoi 
therein. It is his duty also to preserve the public peace; 
and he may cause all persons who break the public peace 
within his knowledge or view, to give bonds, with sureties, 
for keeping the peace, and for appearing at the next court to 
be held in the county, and commit them to jail it" they refuse 
to give such bonds. He performs many other duties. He 
has usually one or more deputies to assist him. Sheriffs are 
generally elected by the people. 

§10. There are in each county one or more coroners, to 
to inquire into the cause of the death of persons who have 

J 7. What is the business of a treasurer ? What the business of an 
auditor ? Is there an auditor in this state ? §8. What ifl the busi- 
ness of a register or recorder ? Is there one in this state ? Bt v. limn 
are deeds, Ac, recorded in this state ? § i). What are the duties of a 
sheriff ? How are they elected ? 



STATE GOVERNMENTS. 83 

died by violence, or suddenly, and by means unknown. 
When such death occurs, notice is given to the coroner, who 
orders a jury to be summoned, and witnesses Bnbpoenaed, 
and repairs to the place oi such dead person to inquire into 
the cause and manner of the death. Hcnre, Mich examina- 
tion is called a t inquest The fees of sherif&and 

- are fixed by law. 

§ 11. In some States there is a county surveyor, whose 
duties within his county are similar in their nature to those 
of a state sun ieraL 

§ \2. An att ■ -ruey. elected or appointed for the purpose, 

attends all courts in which persons are tried in the county 

courts for crimes, and conducts all prosecutions for crimes 

tried in such courts. In states where there is no attorney- 

.■ ral for the state, the prosecuting atttorney for each 

Ulty serves in this capacity, in trials in which the state is 
a party. As all breaches of the peace, and all crimes, are 
considered as committed against the state, this attorney is 
sometimes called state's attorney. 



CHAPTER XIX. 

I OWN OKFICKIIS AM) TBI POWXJBS AND DtTTEES 

OF TOWN OFFICERS. 

. Tea territories into which a county is divided, are 

illy called towns. In some states they are called, and 

perhaps more properly, townships; and the name oitown is 

■ an incorporated village or a city. We shall, how- 

r, in this work, apply to these territorial divisions the 
DUDOO name of town. 

§ IOl What m the datSet of ■ coroner I $11. What faa the bnsi- 
•r I Is there <>n»- in thai state ! y & What 
.tinj: attorney 1 

§1. By what name arc the territorial divisions ol counties la this 

state called? 



84 citizen's manual. 

§ 2. The people of the several towns meet once a year for 
the election of town officers, and for the regulation of certain 
town affairs. The electors of a town have power, at their 
annual town meetings, to order money to be raised for the 
support of the poor, for the building and repairing of 
bridges, and for other town purposes; to make regulati 
concerning fences; to fix the compensation of lown offi< 
in certain cases; and to perform such others ome 

within the usual powers of towns. 

§3. The principal offioers generally elected in b 
the following: one or more persons who have the general 
oversight and direction of town affairs, called by some name 
corresponding to the nature of their duties; a town clerk; 
one or more : one or more ov< iys; 

overseers of the poor; officers to manage Bchool 
constables; collectors of taxes; treasurer; 
pound-keepers, kc. In some states, there art Jers 

of weights and measures; persons to measure and inspect 
wood, lumber, bark, and other commodities. 

§4. The officers first mentioned in the preceding section, 
are, in the New England states, called selectmen, of wh 
there are at leasl three in each town, and in no state more 
than nine in a town. In Ohio, and perhaps a few other 
states, they are called trustees of townships, and are three 
in number. 1\\ New York and .Michigan, there is in each 
but one such officer, called supervisor, 

§5. The powers and duties of these offic more 

numerous and extensive in some states than in others. They 
have power to lay out loads, and lay out and alter road dis- 
tricts; and to do certain acts relating to loads, bridg 
taxes, common schools, the support of the poor, &C, and to 
examine and settle all demands against the town. In some 
of the states, however, some of these duties are in who! 
in part performed by other officers. 

§ 0. The town clerk keeps the records, books, and papers 
of the town; records in a book the proceedings oi town 

§ 2. For what purpose are town meetings held? $ 3. What are the 
titles of the principal town officers? What town officers ii 
in the towns of this state? § 4. What are the supervisory utile, i 
the towns in this state called? § 5. Mention some of their duties 



STATE GOVERNMENTS 85 

meetings, and the names of the officers elected at the town 
meetings; and such other papers as are required by law to 
be recorded. In some states, deeds and other conveyances 
are recorded by the clerks ot towna 

§ 7. The duties i rs and collectors relate to the 

ent and collection of taxes, and are described in 

ther chapter. 

Cj B. The persons having the general care and superin- 
highways, have power to lay out roads, and to 

lay out and alter road districts; to assess the labor to be 
performed in the several districts; to pay out the money 
raised for repairing bridges, cfec. In some states, these duties 
are devolved upon other officers. 

§ 9. Each town is divided by the proper officers into as 
many road districts as may be judged convenient; and a 
aoo residing in each such district is chosen, called over- 
■ or supervisor or surveyor of highways, whose duty it is 
see that the roads are repaired and kept in order in his 
rict. In some states, a tax is laid and collected, sufficient 
to keep in repair the highways, each person assessed being- 
allowed to perform labor or furnish materials to the amount 
of his tax. In other states,' road taxes are assessed upon 
the citizens in days' labor, according to the value of their 
-ry man, however, being assessed at least one 
!, which is called a poll-tax. Persons not 
an equivalent in money, which is 

It is the duly of overseers of the poor to provide 

t all poor and indigent persons belonging to 

n, who need relief, and have no near relations who 

ri them. 

incipal duties of a const alio are, to serve all 

lied by justices of the peace in suits at law for 

. and for arresting persons eharged with 

crim sa of a con-table- in executing the orders 

$6. Whal of a town clerk? $7. What U 

What officers in this state h 
of highways? $ 9. How, and by wh 
$ 10. Bow are thi 

6 11. What are the duties of a constable? 



86 citizen's manual. 

of a justice of the peace, is similar to that of a sheriff in 
relation to the county courts. 

§ 1 2. The town treasurer receives all moneys belonging 
to the town, and pays out the same as they may be wanted 
for town purposes, and accounts yearly to the proper officers. 
This office does not exist m all the states. 

§ 13. The duties of fence-viewers relate chiefly to the set- 
tling of disputes between the owners of adjoining lands con- 
cerning division fences; the examining or viewing of fences 
when damage has been done by trespassing animals; and 
the estimation of damages in such < 

For a particular description of the duties of town officers 
in this state, see supplementary note to Chapter XLX, 
Appendix. 



CHAPTER XX. 

INCORPORATION AND GOVERNMENT OF CITIES, VILLAGES, &c. 

§ 1. Crrisfl and villages have governments peculiar to 

themselves. It is evident that places containing a hu 
population, need a different government from thai of ordinary 

towns or townships. Many of the laws regulating the all 
of towns sparsely inhabited, are not adapted to a place where 
many thousand persons are compactly settled. Besides, the 
electors in such a place would be too numerous to meet in 
a single assembly for the election of officers, or for other 
town purposes. 

§ 2. Whenever, therefore, the inhabitants of any place 
become so numerous as to require a city government, they 

§ 12. What is the business of a town treasurer? §13. What are 
the duties of fence-viewers? What town officers are elected in this 
state? 

§ 1. Why is the incorporation of cities and villages necessary? 



STATE GOVERNMENTS. 87 

apply to the legislature for an act incorporating them into a 
city. The act or law o{ incorporation is usually called a 
charter. The origin of this word has been given. (Sec 
Chapter X, § 3.) The word charter, in this country, is now 
commonly used to designate an act of the legislature con- 
ferring powers and privileges Qpon cities, villages, and cer- 
tain other corporations. 

The chief executive officer of a city is a mayor, A 
city is divided into wards of convenient size, in each of 
which arc chosen one or more aldermen t (usually two,) and 
such other officers as are named in the charter. The mayor 
and aldermen constitute the common council, which is a kind 
of legislature, having the power to piss such laws, (com- 
monly called ordinances,) and make such orders and regula- 
tions, as the government of the city requires. The mayor 
presides in meetings of the common council, and performs 
certain judicial, and numerous other duties. There are also 
ted in the several wards, assessors, constables, collectors, 
and other necessary officers, whose duties in their respective 
wards are similar to those of like named officers in country 
towns. 

§ 4. The people in cities, however, are not wholly governed 

by laws made by the common council. Most of the laws 

t<-d by tli*' Btate legislature, are of general application, 

and have the same effect in cities as elsewhere. Thus the 

the state require that tax<-s shall be assessed and 

levi the property of the citizens of the state to 

defray the public expenses; and the inhabitants of the cities 

required to contribute their just proportion of the same; 

but tie- city authorities impose and collect additional taxes 

for city pnrp 

In cities th< re are also courts of justice other than 
those which are established by the constitution or general 
laws of the- state A court for the trial ofperSOUS guilty of 
disturbing the peace, and of such minor offences generally as 
are- punished by imprisonment in the county jail, exists in 

$ 2. By what authority an.- they incorporated? What i^ a tkaniert 
£ 3. What off Iheii 

(!']•';• Ct to HO laws but those "I tin ir nun 

mart:,. 



88 citizen's manual. 

cities, and is called a police court. It is held by a police 
justice, who is either elected by the people or appointed in 
such manner as the law prescribes. In some of the Ian 
cities, there are courts of civil as well as criminal jurisdic- 
tion, differing from those which are common to count 
generally. 

§ 6. The government of incorporated villages is not in all 
respects like that of cities. The chief executive officer 
such villages i^ in some states called a president Tin* vil- 
lage is not divided into wards; the number of inhabitants 
being generally too small t<> render such division necessary. 
Instead of a board <>f aldermen, there is a board of trust 
or directors, wh<> i tercise similar powers. The president of 
a village is usually chosen by the trustees from their num- 
ber. In Ohio, and some other >tat<-s. incorporated villa 
are called towns, and their chief executive officer is called 
mayor. 

§7. In some states, there is a general law under which 
the inhabitants of any village may form themselves into such 
corporation, with the necessary powers of government, with- 
out a special law of incorporation. 

§8. Not only is every city, town, and county, a corpora- 
tion, but the state itself, whose citizens are united for tin* 
purposes of government, is one great corporation. The lat- 
ter, however, is not formed by an act of the legislature as 
other corporations are, hut by the people th< - in 

establishing the constitution or political law of t!, 

§9. Besides these territorial corporai 
towns, cities, <fec., for the purp government, there ;ire 

incorporated companies for carrying on business of various 
kinds, as turnpike and rail-road companies, and companies for 
purposes of manufacturing, banking, insurance, &C Tl 
several kinds of business, to be carried on extensively and 
successfully, usually require a larger amount of money than a 
single individual possesses. A number of persons therefore 

§5. Have cities courts of tlieir own? Are any other courts hejd 
in cities? § 6. Is the government of villages the same as that of cil 
What is the difference? §7. Are villages incorporated in this, state 
by general, or by special laws? § 8. In what respect is the incorpora- 
tion of a state different from that of cities, towns, <fcc? 



STATE GOVERNMENTS. 89 

unite their capital, and ask for an act of incorporation, 
granting them powers which they could not have in the 
capacity of an ordinary business partnership. A more par- 
ticular description of some of these corporations will be 
n in another chapter. 
£ 10. f the characteristics o( a corporation is, that 
eJ. An ordinary business partnership must end 
i of any one or more of the partners. Not so 
with in. When the persons who first composed 

the corporation are all dead, the corporation is still alive; for 
those who come after them have all the same powers and 
privil- 



CHAPTER XXI. 

ASSESSMENT AND COLLECTION OF TAXES. 

1 . As Q< i _:< 'vernment can be maintained without expense, 

and as every person is in some way benefited by the govern- 

be duty of all who are able, to contribute toward 

support Every government must therefore have the 

the means of defraying its expenses. This 

is done chiefly I ion; the money which the citiiens 

required I i pay is called a tax. Taxes are assessed and 

pally upon the property of the citizens. 

All lands, and all personal property, are subject to 

•pt public property; as Bchool-houses and meet- 

with the land attached to them; burial-grounds: 

y of literary and charitable institutions; 

the- .1 kinds of property being usually exempted 

from taxation. Lands, real property, and real estate, have 

the same meaning, and include land, with all buildings and 

$9. What other corporations are thorn in ■ riate? v^ 10. la what 

irporation differ from a I irtaerabipl 

$1. By what n the money for the rapport of the govera- 

: ? )2. What kind-* of pr operty are e iem pj from tax- 
ation ? What in this state ? What is real prop ity and what is 
personal ? 

1A 



90 citizen's manual. 

other articles erected or growing thereon. Personal estate, 
ox personal property, includes all household furniture, money, 
goods, chattels, and debts due from solvent debtors. 

§ 3. As the amount of tax which each person is to pay 
is in proportion to the value of his properly, the first thing 
to be done is to value the properly of eveiy person in the 
town. This is done by th»- assessor or assessors, who i 
through the town, at the time required by law, and set down 
in their assessment roll the names of all the taxable inhab- 
itants, and the estimated value of the property of each, real 
and personal. If mistakes are made in taking the value of 
property, they are corrected in some way prescribed by law. 
Returns of the names of the owners of property and of tin- 
value of the sam<\ are made to the proper county officer or 
officers, who cause the tax list for each town to be made out, 
and order the taxes to be collected. 

§4. In some states, every person liable to taxation is him- 
self required to furnish a list of all his taxable property; 
printed blank lists having been previously distributed an 
the taxable inhabitants for this purpose. To secure accui 
in the lists, the assessors (called also lister*) may require 
persons to make oath that they have made a true statement 
of their property, real and personal, and of its estimated 
value. In states where the polls of the tax payers are 
sessed, these also are set down in the lists at Buch Bums 
the law directs to be affixed to each polL 

§ 5. Before a tax list can be made out, it must be known 
what amount is to be collected in each town. The amount 
is made up of three parts: first, the sum wanted to defray 
the expenses of the town; secondly, its Bhare of the county 
expenses; and thirdly, its proportion of the expenses of the 
state government, or of what is to be raised for state 
purposes. 

§ 6. The apportionment of the state and county exp 
among the several towns, is made according to the amount 
of property in each as valued by the assessors. The state 

§ 3. How, and why, is the value of every citizen's property 
tained ? By whom are valuations made in this state V § 4. What is 
a poll tax f Are polls assessed in this state ? $ 5, 6. How is the 
sum to be raised in the several towns ascertained ? 



STATE GOVERNMENTS. 91 

auditor or controller, having received from die several ccttn- 

returns oi the aggregate valuation of the property of 

each county, is enabled to apportion to each its quota of 

the amount to be raised I h coun- 

- ite expenses is added the sum to be 

unty pu apportioned 

in a. Then adding to each I iwn's Bhare of the 

j, the amount to be raised for town 

pun - 3 e amount to be collected in the town. 

rtained the sum to be raised in each 

se duty it is, cause a tax list to 

ill taxable persons in 

o, and the amount of each person's tax opposite his 

nan tax list of each town is then signed by the 

pro] ad put into the hands of the collector, with 

urant ordering the same to be colled 

town, county, and state taxes are, or 

may be collected separately, and whenever they shall be 

ordered by the proper authorities. In other stai ver, 

mount to be raised for state, county, and town 

pur is made out in a single rate hill. The 

ounty and state purp - s> is pad to the 

surer, who pays t-> the state treasurer the amount 

ind the remainder i> applied to the payment 

And tli.- amount collected for town 

pur - are by bnr 



CHAPTE R XXII. 

THE MILT II A. 

!id to 

Em rnment 

$ 7. By whom '.hum 



92 citizen's manual. 

their respective countries prepared for events of this kind, 
For this purpose, men are required to meet every year 
on certain days for instruction in the art of Avar. Tku H 
usually called training. 

§ 2. All white male citizens of the United Stau-s, between 
the acres of eighteen and forty-five years, are liable to do 
military duty in the Btates in which they reside, except such 
persons as are exempt by the laws of the Btate and of the 
United States, Persons exempt by the laws of the - 
usually the following: Ministers of the gospel; commissioned 
officers of the militia having served a certain number of 
years; members of uniformed companies having served for 
a specified term; members ot fire companies; certain public 
officers while in offi< in some stal s, teachers and 

students of colleges, academies and common schools; and 
a few others. 

§3. Besides these, there are | exempted by the 

laws of the United States, Tiny are the vi lenl and 

all executive and judicial officers of the government of the 
United States; members of congress and its officers; cus- 
tom-house officers and their clerks; post-officers and driv< 
of mail stages; ferrymen employed at ferries on post roe 
pilots and mariners. 

§ 4. It will be seen that the president of the United Si 
and the governor of the state, are not mentioned among the 
persons who are free from military duty. By the constitu- 
tion of the United States, the president is commander-in- 
chief of the army and navy of the United States; and of 
the militia of the several Btates also, when called Out into 
actual service; and by the constitution of the -tat.-, the 
governor is the commander-in-chief of the militia of the 
state. 

§ 5. Persons who refuse to appear at military parades after 
having been duly warned, are afterward tried by a military 
court called court martial, consisting of three military offic 



§ 1. How is the defense of a country and its government provided 
for? §2. What persons are, by the laws of the state, exempt from 
military duty? § 3. Who are exempt by the laws of the United Srates? 
$ 4. What military offices have the president and the state goven ore? 



STATE GOVERNMENTS. 93 

and if upon trial Bitch persons can not show that they wore 
necessarily absent, they are lined in such a sum as tin- law 
prescribea And they are also liable to line it' they attend, 
but are not equipped as the law requires. For the trial of 
high military officers, courts sometimes consist of more than 
e members* 
. The highest militia officer next in rank to the gov- 
ernor, is the adjutant-general oi the state; who keeps a list 
ail the higher commissioned officers, containing the date 
their commissions, their rank, the corps they belong- to, 
tlif division, brigade and regiment, and the places of their 
residence. lie distributes all orders from the commander- 
in-chief to the several divisions; attends public reviews where 
commander-in-chief shall review the militia; and obeys 
all orders from him relative to carrying into execution the 
em of military discipline established by law. The aclju- 
leral i-< usually appointed by the governor. 
^ 7. There is also a commissary-general, who, from the 
ire of his duties, is properly a military officer. He has 
care of the arsenals and magazines, and the articles 
J in them. An arsenal is a building in which are 
i cannon, muskets, powder, balls and other warlike stores; 
all of which are to be kept in repair and ready for use. 
mmissary also furnishes the officers of the militia such 
articles as they are entitled to receive for the use of their 

- irho, believing all wars to be wr 

dy do military duty. As it is the object 
to secure t-> every person tie- liberty 

w.'il as Other rights, the constitutions of the 

Btal le, that those who are averse to bearing arms, 

ised by paying annually a sum of money as an 

equivalent for the service required by law. But it may well 

doubted whether compelling a man to pay money is not 

If a violation of the rights of conscience. Hence, in 

- tried and punished for delinquency 1 $6. What 

it \\. - of an adjutant-general? How is he appointed in this 

', . What i- the bosineai of a commissary-general) What is 

an arsenal? § 8. What provision i< mad.- f-r conscientiously 

■ftna to bearing arms',' How is it in tliis s; 



94 citizen's manual. 

some states, all persons belonging to the society of Friends, 
usually called Quakers, are exempt without the payment of 
an equivalent. 

§9. By the laws of New York and Ohio, the rank and 
file of the militia in those states are nol required to train in 
time of peace. Persons subject to do military duty, i icept 
those connected with the uniformed conn,: enrolled 

in the militia; and instead of doing duty, they annually : 
a small tax, which, in New Y<<ik, j> fifty cents and in Ohio 
fifty cents, or a day's highway labor. 

§ 10. Laws abolishing trainings and musters of the 
body of the militia, meet with great I id for t!: 

among other reasons: first, the militia system produces no 
material improvement in discipline; secondly, the times] 
in these useless exercises, ami the money expended for arms 
and equipments, are burdensome to many cil i d third- 

ly, there is nu probability of a war at any time, or of 
other occurrence, requiring a large portion of tin- militia to 
be called into immediate Bervice. The volunteer compai 
are supposed to be sufficient for any event that is likelj 
happen. 

§11. Happily, the practice of settling controv< 
tween nations by war, i> growing unpopular in civilized ami 
Christian communities. War i> a fearful evil, and ought to 
be discouraged, ami, if possible, avoided. W< ern- 

ments so disposed, tiny might in most cast s settle their dif- 
ferences peaceably and honorably, as individuals do. If the 
love of military honor were less encouraged, and (he princi- 
ples of peace duly inculcated, the time would be hastened 

when ''nations shall learn war no m 

§9. What special laws exist in New York and Ohio) $10. What 
reasons arc given for such a regulation? $ 11. What evils result from 
war? Is war in any case necessary or justifiable? 



STATE GOVERNMENTS. 95 



CHAPTER XXII L 

EDUCATION CHOOI PUB . &c. 

S 1. Thk grand object of a good government is to pro- 
mole the happiness and welfare of its citizens. The whole 
duty of tin* government is nol (hmr when it protects men in 
the enjoyment of life and the fruits of their labor. It should 
end farther, and make provision for improving the condi- 
tion of the peop less favored portions of 
them. 

S 2. The happiness and prosperity of a people depend 

Dtially upon their education. In many of the eastern 

countries, the people are degraded and miserable. This is 

owing to their ignorance. In some of these countries, the 

►verged by a despot, who rules over them with 

. in others, as in some of the African nations, 

there can scarcely be said to be any government at all. 

h is tlnar ignorance, that they know not that there could 

any improvement in their condition ; consequently, they 

ild not, it' they desired, govern themselves as the people 

try da It is only where the people are well 

: . that a free government can be maintained. 

I well governed and happy 

: education must 1>" enjoyed by the 

But there ar$ in every community, those 

who Deans of paying for the instruction of 

,: it is therefore tie* duty of the government 

the means tor promoting the general diffusion of 

fa] knowledge. Tie- state governments have accordingly 

of education, by which the. children and 

:i of all classes may be instruct d. 

$ 1. How far dot v of t}i>- government <>i' a state t<> it- <i;i- 

Wliat i. especially necessary to the public p 
• aintenance of nmentl j 3. Why i> a 

government should provide mean 



96 citizen's manual. 

§ 4. But the states do not all provide these means in the 
same manner, nor to the same extent. In most of them 
the schools are supported only in part, in a few of them 
wholly, at the public expense, in so;: 3, a fund has 

been provided, tin 1 income of which is annually applied to 
this object. A fund, in general, is a sum of money 1 
for carrying on business of any kind. The money, or capital 
stock, which a merchant employs in trade, is a fund. Bo the 
money or other property of the state which is set apart far 
defraying the public 1 is called a fund. Pundi 

thus provided lor various purposes; such as the construction 
of canals, roads, and other public improvements, The inte- 
rest of these funds, and all other income to tl 
called the ,-< venue, 

§5. A school fund is sometimes constituted nearly as fal- 
lows: The state sets apart far this purpose a portion oi 
public lands; which are lands belonging to the state as a 
corporate body, and which may be disposed of for public 
use, and not the land owned by individual citizens. Ti, 
lands may be sold; and the money arising from fch 
constitutes a part or the whole of the fund: this is loaned 

to individuals, or t<> banks, or to the state itself, Of i> in St 
other way invested; and the interest of this fund is annually 
appropriated for school purpose 

Cn 0. But the ine<»me of the school fund, in many BJ 
furnishes but a small part of what is needed for this object. 
In such cases, a further sum may be voted by the j 
each town to be raised every year for this purpose; Of 
the case in some states, a certain sum is annually appropriated 
out of the state treasury. Or, as in Massachusetts, the whole 
of the school expenses is raised by a tax upon the citizens. 

§ 7. Provision for educational purposes, in many of the 
new states, was made at an early period by the Congress of 
the United States. While the land now embraced within 
these states, was the property of the United States, and 
before a large portion of it was inhabited, or even surveyed, 

§4. In Avhat manner, generally, are these means provided? What 
is a fund? § 5. How are school funds usually constituted? § 6. Bow 
is the deficiency of the school fund supplied in some states? How in 
this state? 



STATE GOVERNMENTS. 97 

Congress passed a law, designating' a certain tract or section 
of land in each township, to be set apart tor purposes of 
education. In Ohio, tor example, about one thirty-sixth part 
of the lands of the state is public property let apart for 
these purposes; and it is believed all the XorthWestern 
re embraced in the MWM or a similar provision. 

Tie - in charge of the proper town officers, by 

whom they are disposed <>f, and the proceeds applied to the 
support <»f commo - in the town. 

$ B, Besides the permanent fundi described in the pre- 
en! - us, a large addition was made some years ago 
school funds <>t some of the states, by appropriations 

m the United Stales 1 revenue fund. In 1837, there had 
accumulated in the treasury of the United Slates, more than 
thirty millions of dollars of revenue, above what was required 
to defray the expenses of the general government This 
surplus revenue, not being wanted for government purposes, 
was distributed among the several states, to be kept by them 
until called for by congress. It is presumed, however, that 
it will never be called for; and many of the states have 
appropriated a large portion of their respective shares to 
educational purposes. From its being deposited with the 
.is fund is sometimes called the United States' de- 

School moneys coming from the state treasury, or 

isually apportioned among the several towns 

of I h town's -hare of the same, together 

with w! wn by taxation, or derived 

s, is divided among the several districts 

the number of children between certain ages in 

r manner as may be directed by law. 

Jt* i: ps thus p cehred are insufficient to pay the wages 

the defici mcy is collected from the persons 

ildren bare !«••« d taught in the schools. 

I nrpoei - waf early made in die 
A bat further provision i> made in ilii- el 
have the school fundi in Burnt states been in cre as e d tiace 
avenue fund obtainodt |9. Bow 

are the public school mon :ributed among the towns and 



98 citizen's manual. 

§ 10. Each town is divided into small districts of territory, 
each embracing about as many inhabitants as can be ace 
modated by a school; hence they are called district schools. 
They are also called common schools from their being sup- 
ported by a common fund, and designed for the i 
benefit A meeting is held annually in each district Cor 
election of officers. One or more (usually three) called 
trustees or directors are chosen to manage the affairs of the 
district; also a district tlerk [<> record the proceedings of all 
district meetings: and a collector to colle 
upon the inhabitants for building and repairing school-how 
and all rate bills for the payment of teacbe 

§11. Th<- highest common sell ris the state s 

hitendent of common $chool$. In some sta; iaties of 

this oiliee are performed by the secretary of The 

superintendent collects information relating to the i 
the number of children residing in eaeh district) and 
number taught; the amount paid for tuition; the number of 
school-houses and the amount yearly expended in i 
school-houses; and other matters concerning the operations 
and effects of the common school system. If there is no 
other officer whose duty it is, the superintendent also di>tri- 
butes the money arising from the state funds among the - 
era] counties, lie reports to the legislature at - aion 

the information he has collected, and mi 
meats in the school system as he thinks ought to 1 

^ 12. There is in each county an offia r who red 
the state superintendent the money apportioned t mty, 

and apportions the same among the several towns of I 
county. He also reports to the state superintendent the 
number of children in the county; and performs such other 
duties as the law requires. In some states, there is no such 
officer; but the money is apportioned by the state superin- 
tendent among the towns; and the reports from the towns 
are made directly to the state superintendent. 

§ 10. Why are schools called district schools and common schools? 
What officers are chosen in the several districts of this state? § 11. Is 
there a state superintendent of schools in this state? What are his 
duties? § li), 13. How are the puhlic moneys distributed? What 
school officers are there in the counties and towns of this state? 



state ooTOtmnm 99 

§13. In th' 
exam: 

:\\c nunr 
childn 

. 
. 
§ 1 I 

L the £ I is made 

for them 

Lime for this 



CHAPTER XXIV. 

. Tw-VIL-ROADS, Ac. 

Is farther carrying out th 

_ 

r their industry. As all must 
contri 

. i 

_ 

. 
I th< in. :\ the 

] 

$ 11- V\ 
$ 1. J 



100 citizen's manual. 

another of equal size and fertility, in a remote part of the 
state ; because a large portion of the value of the products 
of the latter, is expended in transporting them to market 
And those who reside far in the country must also pay 
higher prices for the goods they purchase, to remunerate the 
merchants for the cost of transportation. Hence the n« 
sity of good roads, eanala, or other meai anting inter- 

course between distant parts of the statce. 

§ 3. Among the works of public utility, canals are perhaps 
the most useful, and are to be preferred wherever their 
construction is practicable. Qanah are sometimes con- 
structed by incorporated canal companies, but general!? 
these works, especially those of considerable magnitude, are 
constructed by the state, and are the property of the state. 
Although there are some states in which there are no eanala 
of the latter description, it may be both interesting and 
useful to young persons to know how so important a state 
work is accomplished. 

§ 4. To raise the money necessary to make a canal, the 
legislature might levy a general tax upon the property of the 
citizens; but it is deemed inexpedient to do so; becau 
first, the payment of so large a sum within the time in which 
the work is to be done, would 1 )( ' burdensome ; and secondly, 
in imposing such tax, the burden would fall alike Upon the 
people of all parts of the state, when those of some port: 
would derive from the work no material advantage. 

§5. When, therefore, a great work of this kind is under- 
taken by a state, the law authorizing the work usuallv 
provides a, fund, the income of which is to be applied to this 
object. This fund consists of such lands, property, and 
moneys as the legislature may grant for this purpose. A fund 
was thus constituted in Ohio, at the commencement of the 
canal enterprise in that state ; to which fund congress sub- 
sequently made a grant of 840,000 acres of the public lands 
of the United States lying in that state. Similar grants of 
land in other western states, have, it is believed, been made 
for canals or other public improvements. 

§3. By whom, or by what authority, are canals constructed? What 
canals, if any, are there in this state? §4, 5. Describe the manner in 
which a state undert^kps and prosecutes the construction of a canal. 



STATE GOVERNMENTS. 101 

§ G. These funds, however, furnish but a part, some of 
them only a small part, of the money necessary to Complete 
the work: and all the states undertaking public improve- 
ments, may not haw the lands or other property to con- 
stitute such a fund. The state, therefore, obtains the 
chiefly or wholly, by borrowing the same for a long 
lying on the income of the canal fund, and 
Elected on the canals when completed, 
si of their construction. Should the income 
insufficient, the deficiency 
may b. supplied by taxation. The original cost pf the Erie 
-w.York, completed in 1 825, was 
abursed by the revenue a a tolls and the canal 

fund, about I after its completion, without the neces- 

Lzation; and Us enlargement now in progress, (1852,) 
•. of nearly $25,000,000, will all be paid in the same 
mat:: 

. The business of borrowing the money is done, on the 

, by persons duly authorized, who give for 

arrowed the bonds of the state, which are writ- 

to pay the money at the time specified, with 

te rate agreed on; the interest generally to be 

iHannually. These bonds are usually given in sums 

ach. The debts of a state thus contracted by 

re called ttate ttocks, as the capita] <>r stock 

a k, is obtained by the - 

of these b<>nd<. These bond.-, like the certificates of stock 

company) are transferable, and may 

ad c institute an 

of trade. 

taken by men who have large Bums 

I, and who consider state stocks go d secu- 

has no other means of redeeming 

rislature has power i> pass a law authorizing 

sed by a tax upon the peO] En06t 

it fund ran not be thus constituted, how i- the 

:. Describe the usual manner of borrowing 

n what docs the security to owners ol 
id*.' 



102 citizen's manual. 

every state is thus indebted, not only to American capitalists, 
but to those of European countries, whence many millions 
have been sent to the United States to purchase state Stocks. 

§0. Officers are appointed according to law to m 
the canal fund, and others to superintend the canals. Tl, 
are also officers at suitable distances along the canals tot 
feet the tolls, which arc ci .id by the master or <>w i 

of boats for the use of the canal. 

§ 10. The states of New York, Pennsylvania, Ohio, and 
some other western states, have prosecuted the canal enter- 
prise on a large scale. And although large debts have been 
incurred by the construction of these canals, the benefits 
derived from them more than com] for the \ 

expense of their construction. 

§11. Rail-roads are constructed by companies incorpo- 
rated for that purpose. The necessity for an act of incorpo- 
ration is readily ^vn. Bail-roads pass through the lands of 
private individuals; and without the authority of law, the 
land of no person can be taken for such purpose; nor can a 
law authorize it to be taken unless the work is one of public 
utility; nor even in such case, unless compensation is made 
to the owner for his land; for it is declared by the constitu- 
tions of the several States, that ''private property shall not 
be taken for public use without just compensation." 

§12. If, therefore, the legislature derm such road to lie 
of public utility, they incorporate the company with the 
requisite powers to construct the road, on making compen- 
sation for the land, the value of which i^ to be estimated in 
such manner as the law prescribes, The law also prescribes 
the manner in which the general affairs of the road are to 
be conducted. 

§ 13. The amount of capital to be employed by the com- 
pany, is mentioned in the act, and is raised in this way : The 
amount of capital, or stock, is divided into shares of £50 or 

§9. Of what does the income of a canal consist? What are lolls? 
By whom are the canals and canal funds managed in this Si 
$ 10. Which states are most distinguished for their canals? § 11, 12. By 
what authority are rail-roads made? Why is an act of incorporation 
necessary? What rail-roads, if any, are there in this state? How is 
the right of way for rail-roads obtained in this state? 



STATE GOVERNMENTS. 103 

each. Persons wishing to invest money in the road, 
subscribe the number of Bharee they will respectively take. 
When all the shares are thus sold, and the money paid in, 
the company is ready to proceed to the construction of the 
!. The shares ore called stockholder8 t 

who from among themselves such number of direct 

ration authoriies. The, directors elect 
their numb r 

s >n buying shares receives a certificate signed 

r officers, stating the number of shares he has 

pun The bolder <>t* these certificates, if he wishes to 

make some other use of the money he has invested in the 

s, may sell his stock to some other person, to whom 

rtificate, which is evidence of the amount of 

purchased. Thus these certificates are bought and 

v notes. 

5. Stockholders depend, for the reimbursement of their 

ital, upon the money to be received for the transportation 

of ] id freight Such portion of the income of 

remains after paying all expenses of running and 

livided semi-annually among the stockholders. 

ms thus divided are called dividends. The 

ire bo large as to make the invest- 

: so that the holder of shares is enabled 

;. When Bhares in the stock of an) 

their nominal vain 

\ e or below the nominal value, 

or below par. \\\ large commercial 

m and Philadelphia, the purch 

Is, banks, insuranoe companies, 

rtensive busin< 

a rail-road raised? Whal orTiccra 

. company? | I I. Whal show for 

id in'.' What quality has such I $ 15. What 
ruuf What is meant by stocks beitig par f 



104 citizen's manual. 



CHAPTER XXV. 

BANKS AND INSURANCE COMPANIES. 

§ 1. We are informed that the first institution of banks 
was in Italy, when certain Jews kept benches in the market 
places for the exchange of money and bills; and banco being 
the Italian name for bench, banks took their title from this 
word. The first banks are supposed to have been only 
places where money wa> laid up <>r deposited I 
keeping. But banks at the present day are not nsed 
depositing alone. 

§ 2. Banks in this country can be established only bi 
thority of law. If the inhabitants of a phoe want a bank, 
they petition the legislature to incorporate a baokirj 
elation. The act of incorporation prescribes the manner in 
which the company shall be formed, how its business shall 
be done, and the amount of capital or stock to be emploj 
The capital is raised in this way: The sum intended to con- 
stitute the capital of the bank, is divided into shares <>f >^1U0 
each; so that if the whole stork is to be $100,000, there 
are 1000 shares. These shafts are sold, to one person ten, 
to another twenty, and to another, perhaps fifty, and so on 
till all are sold, and the whole capital is paid in. 

§3. The purchaser of any number of shares takes a cer- 
tificate, stating that he is the owner of such number 
shares; and such certificate may be sold and transferred 
to another person, as certificates of other corporations, or 
promissory notes. 

§ 4. The stockholders choose of their number, usually, thir- 
teen directors, who choose one of themselves to be president 
The president and directors choose a cashier and clerks. 

§ 1. What is said t<> be the origin of banks ; and what their character ! 

$2. By what authority are banks established ? How is tin* capital stock 
obtained ? § 3. What is the nature of a certificate of stock 7 ^ i. What 
officers has a bank ; and by whom are they chosen ? 



STATE GOVERNMENTS. 105 

§ 5. A part of the business of banks is still that f<>r which 
they we originally intended, vu., depositing money. Mer- 
chants and other business men mar a bank, deposit their 
money, and then draw it out as they have use for it, by 
ling their orders to the cashier. An order of this kind 

la are allowed to issue their own bills as money. A 

bank bill os i to pay tin- bearer a certain sum 

.ad, and is signed by the president and cashier. Ti. 
bil!> - money, persons holding them may get 

the gold or silver for them by demanding it erf the cashier. 
A material part of the business of the bank is to 
lend money. It' a man wants to borrow money at a bank, 
be makes a note for the amount wanted, which is signed by 
himself and one or two others as sureties. For this i 
cashti r pays the money, usually in the bank's own bills, re- 
taining at die time the interest on the sum bo lent, instead 
ring it when the note becomes due This is called 
a note. But in discounting, the interest on the 
whole sum for which the note is given is not deducted This 
king too much interest For example, a note for 
$1,000 at three months is offered, and the cashier deducts 
rest at 6 i er cent The borrower, in such a 
the nse oly, whereas he has paid the 

Be ought to receive such sum as would, 
at the lawful i 

ks is, I" 

to distant 
kind i- performs d thus : A. in \'> iston, 

B, ia Philadelphia, puts the money 

ink in !;• r, or draft, on 

ink in Philadelphia, for that amount, t<> be paid to Ik 

1,1), wh i calls at the bank and 

. and the bank charges the amount to 

aik. 

,. Wbai ofli 
bill or not.-. £ 7. II<>u i- in 
uk '.' Describe tbe mass 
•the the moaner of nan 

Uiro . 

5* 



106 citizen's manual. 

§ 9. But it may be asked, How does the bank in Philadel- 
phia get the money from the bank in Boston? There 
in Philadelphia business men who have occasion tu remit 
money to Boston, and who pay their money into the Phila- 
delphia bank, and take drafts on the bank at Boston; The 
banks at both places are constantly receiving money and 
drawing upon each e»th<T. Thus the transmission of mill, 
of dollars may be performed every year through the banks, 
without the risk and labor of carrying the money from place 
to place, and without any expense other than that char 
by the banks for transacting the business. 

§ 10. The notes or bills issued by banks contain a pr 
to pay on demand; which payment must be ma oie, 

if it is demanded. Paying their notes thus, is called 

inrj them. When banks fame more bills than they can 

deem, they are said to fall or to be broken. In such c 

the bill-holders suffer km* unless some provision hi 
made by law for their security. In some states the stock- 
holders of banks are made individually responsible for the 
debts of the batiks; that is, their individual property i.^ 

liable to be taken to pay such debts. 

§11. In a few States, a fund, called 
been provided for redeeming the bills of broken banks. A 
yearly tax is levied upon all the banks of the >tate, until a 
sum lias accumulated which is deemed sufficient to meet all 
SUpposable failures. When this fund is exhausted, it is 
replenished by renewed taxation. 

§ 12. Hut a new system of banking has been adopted in 
some states, which is designed to provide mor iaHy 

for the security o( bill-holders, and which throws open the 
business of banking to all, by & general law. Any person, 
or any number of persons, may, by complying with the c 
ditions of this general lav,-, establish a bank without a special 
law for this purpose. 

§9. How is the carrying of money from bank to bank avoided V 
§ 10. What is meant by redeeming bills ? When is a bank said to fail V 
How are bill-holders in some states guarded against loss ? (11. How 
is a safety fund provided in some states ? ^ 12, 13. Are banks in all 
the states incorporated by special laws ? Describe the new banking 
system adopted in some states. 



STATE GOVERNMENTS. 107 

$ 13. Persons, before commencing business under this 
law, are required to put into the hands of the proper - 

Ear the redemption ol their bills; 

and they may d 4 issue bills to a greater amount than the 

security & These securities must consist of 

ed States . or partly i f 

pul state. When a bank tails, 

\ ii« Id in pledge by the state are sold, 

and the avails applied to the redemption of the bills. This 

growing into public favor. 

ire authorized by law. 

Their bus to insure per- v fire. The 

for a small sum paid them, say one per cent, 

which is one dollar on every hundred dollars of the amount 

which the property is insured, agree to pay such amount 

if tl rty shall be destroyed by fire. Th< *n- 

pani «r insuring ships and other vessels at s«-a; and 

I ranee companies, that agree to pay, in case of the 

th of the person insured, a certain sum for the benefit of 

lily, or some other person or persons named in the 

5. The profits to the stockholders of an insurance corn- 
pan] premiums received over the 
out for losses. Tims, if a company has issued 
2,0' f an average amount 

j.000,000; and if the r 

mount received in premi- 

. . 2 in- 

1 within the year, this ined. If 

old be burned, the gain would be $10,000 

be d< stroy< d, there would be no 

l( a actual loss to the amount of the n< 

1 out of the capita] si 
the company. 

p. XXIV, J 7.) ffdware banks 
in this state in ! what met Ihe 

ompany. 

polir Of \ V },at do tli" profits nf a oooq 



108 citizen's manual. 

§16. But from the average number of losses annually 
during a long course of years, companies are enable 
fix the rates of insurance, as to secure to the Stockholder! 
fair profit on their capital The rates of insurance are not 
the same on all property; a higher p rcentage being ch« 
on that which is deemed hazardous; that is, more exp 
to fire, than is charged on thai which i L The 

profits on the business of the company, are annually or 
semi-annually divided among the stockholders, in proportion 
to the amount of their respective Bhares, so ; tiled 

dividends. 

§ 17. There is another kind of insurance companies, which 
differ materially from the stock eompai I in the 

preceding sections. They are called mutual int 
ponies. They are bo called because Ehe members unite in 
insuring each other. Every person having bis property in- 
sured by such a company, is a member of it !!<• has 

buildings and the propel ■; j m valued; and h 

fixed sum per cent, on such valuation. A fund is thus rail 
out of which any member suffering loss by fire is paid the 
value of the property lost Whenever the fund i ited, 

a tax is assessed upon the members in proportion to the 
value of each one's property insured, in order to replenish 
the fund. 



CHAPTER XXVI. 

JUDICIAL DEPARTMENT JUSTICES' COURTS. 

§ 1. In the preceding chapters it has been shown how the 
laws of the state are made, and how the government is 
administered; and also what are the powers and duties of 

§ 16. Are the same rates of insurance charged on all kinds of prop- 
erty ? What are the profits of a company called ? J 17. What is the 
nature of a mutual insurance company ? Are corporations in this 
btate formed under general, or special laws ? 



STATE GOVERNMENTS. 10D 

officers in the legislative and executive departments of the 
eminent There is another class of officers, whose pow- 
md duties re-main to be described, called judicial ojjji 
Their bustnes administer justice to the citizens; and 

wh< that purp are called a court. Some- 

times we mean by court, the judges or justices, jurors, and 
d in a trial; but frequently only the 
judges or justices holding the court are meant 

is ili«' legislature of the state which determines 
what acts shall be deemed public i and what shall be 

considered right and just between the citizens: but to judge 
and interpret the laws, and decide whether they have 
been violated, and to determine the proper measure of jus- 
tic, is, as has been observed, wisely committed to a separate 
and distinct department (See Chapter IX. &8.) 

§ 3. A government without some power to decide disputes, 

to award justice to the citizens, and punish crime, according* 

fco the laws of the state, would be incomplete. It would be 

improper to allow every man who thinks himself injured to 

judge in his own case, and to redress his own wrongs. 

Justice is best secured to the citizens by having* recourse to 

irta for the redress of injuries, and for the punish- 

.t of crimes; and that no injustice may be done to any 

of the community, constitutions require, that in 

• crime, how* niy the same may have 

offender shall have a fair and impartial 

courts in each state. Some 

a lower order: by which is meant, 

tion than others. In speaking 

art, reference is bad to its power to 

w. Tic word jurisdiction is composed of 

r juris, of the law. and dn-tin, 

• 

$ 1. What is Ux the judicial department) Wha 

9on why |be pow< r 

of a 

• Allowing every ma 

[d what arii. 

right to ■ mil trial 

guara: 



110 citizen's manual. 

speaking; hence juris dictio, a speaking or pronouncing of 
the law. The jurisdiction of a court therefore means how 
far, and in what cases, it has power to determine questions 
in law. 

§5. Some courts have power only to try civil causes; 
others have jurisdiction in cans* s both civil and criminal. 
Some have jurisdiction in cases arising in any part of the 
state; others only in ea>< > arising within the county. As 
most suits at law are tried in just nts, and B 

may be carried up from them to the higher courts, we will 
begin with the lowest and proceed to the highest 

§ G. Justices* Courts, Justices of the peace arc in some 
states elected by the people in the towns, in others they 
appointed by the legislature, or by the governor in 
tion with the senate or some other body of men. ,lu>:. 
of the peace usually have power to try civil causes onlv in 
which a limited sum is claimed, and criminal causes in which 
the lowest offenses are charged. Causes are called civil, 
when money is claimed ; crlwhwl, when persons are tried 
crime. Causes, actions, and suits are words generally used 
to signify the same thing, meaning prosecutions at law, or 
lawsuits. 

§7. The party that sues is called pi the part) 

sued is the defendant. Actions may !>.- commenced by the 
parties going voluntarily before a justice; but this is seldom 
done. Suits are generally commenced by process, which 
means a written instrument issued by a justice, enforcing 
proceedings at law. The process by which a suit is in no 
cases commenced, is a summons; and the action i- 
ered commenced on the day when the summons is delivered 
to the constable. 

§ 8. A summons issued by a justice (^ the peace, is ad- 
dressed to a constable of the town, in some states to any 
constable of the county, commanding him to summon the 

§4,5. Wherein do courts differ? Define jurisdiction. Which are 

the lowest courts? §6. How are justices of the peace elected in this 
state? How large a sum may be sued for in a justice's court in this 
state? $7. What are the parties to a BUit called? By what po 
are suits ordinarily commenced? $8. What does a summons issued 
by a justice require? 



Ill 

defendant to appear before the justice on I an 

hour specified, to ai> are 

i. 

I it If b 
e of abode, with 
._ . st - ;ra- 

time nam trial* 

h an ind the tim 

rvad 

person, or 1 

him. 
.red and aus 

plaintiff declare! 
tf be br : and the defendant declares the 

nature of what he has lemand; 

••ads that he I him. or that be 

hin. . the pari; .lied 

joini 

. A man's word is not taken 

:th" 

ettts. The ji 

2 

nd- 

- 
ma: 

D 

- 

$ 9. H 
parties made? $ 1 J 

.•■sscS be 



112 citizen's manual, 

cause for not attending. A witness who, without a reasona- 
ble excuse, does not appear, or appearing, refuses to testily, 
may be fined by the justice, and is liable also to pay the 
damage sustained by the party in whose behalf he was 
subpenaed. 

§ 13. At the time of trial, the justice proceeds to try the 
issue. The witnesses are sworn to testify truly to what they 
know; and "after hearing the proof on both sides, the justios 
decides according to law and equity, ss the right of the i 
may appear. If a defendant does nol appear at the time 
of trial, the justice may hear the proofs and allegations of 
the plaintiff, and determine th< ceording to what shall 

be made to appear by that party alonei 

§ 14. If the demands of the parties are unequal, the justice 
enters judgment against the party indebted, for the amount 
due the other, with the costs of suit Judgment is what is 
adjudged to be due from the one to the other, and alu 
includes the costs, which consist of the lees of the jus 
constable and witnesses. It' nothing is found to be due the 
plaintiff, judgment is entered against him for the costs. 

§ 15. • At the time of joining issue, if the parties, or either 
of them, for wast of material witnesses, or for certain other 
sufficient reasons, can not safely proceed to trial, the jus( 
may adjourn, or put over the trial to a future day. 

§16. A plaintiff may discontinue or withdraw his action 
before judgment is rendered ; in which case the justice ei. 
judgment of nonsuit, which means a Stoppage of the 4 suit. 
So also a plaintiff is nonsuited far not appearing within the 
time required by law to appear after the hour appointed to 
commence the suit, or for some other default or error of pro- 
ceeding. Or if a trial is had, and it is found that the plain- 
tiff has no cause of action against the defendant, judgment 
for costs is rendered against the plaintiff". 

§17. Any person indebted to another, and wishing to 
avoid the expense of a law-suit, may confess jwl<jnant. 

f 13. Can a suit be tried without the attendance of both parties? 
§14. What is a judgment? § 15. In what cases may suits be ad- 
journed? § 16. In what cases is judgment of nonsuit rendered? 
§ 17. How may judgment be confessed? 



STATE GOVERNMENTS. 113 

This is done by going before the justice! acknowledging the 
amount due, and consenting that the justice enter judgment 
>rdingly. In some states the confession and consent must 
be in writing, and signed by the defendant The amount 
far which judgment may be thus confessed, is fixed by law. 



CHAPTER XXVI I. 

TRIAL BY JURIES COLLECTION OF JUDGMENTS APPBAL3. 

j 1 . One of the most valuable privileges enjoyed by the 
pie of this country, is the right of trial by jury. A jus- 
whom a suit is brought, may be suspected of 
y, or of partiality. Hence it is not always sate 
to submit a cause to a justice for decision. That justice, 
therefore, may as far as possible be secured to all, the con- 
stitution guaranties to every person tin* privilege of having* 
a jury bo i which he is a party. 

numb r of men who Bit on a trial, and 

try a matt - . and to declare the truth 

ing of the truth i^ called 

a true A jury in a justi 

men, all of whom musl agree in their 

prescribed by 

me in .'ill the states. 
At": . and before testimony is heard, either 

•!«••• that the cause be tried b) 
a jury. Wj, the justi % which is a 

d by ja ry i i 

i liirh raari 
the r • I in tins 

J . verdict What i jury 



114 citizen's MANUAL 

writ or precept commanding a constable to summon such 
number of duly qualified men as the law directs, to appear 
before the justice to make a jury to try the cause between 
the parties named in the venire. A greater Dumber than 
six i» usually summoned, from which number the six are 
drawn who are to constitute the jury. In some Mates, f 
holders only are lawfully qualified to serve as jurors. 

§4. After hearing the proofs and allegations of the par- 
ties, the jurors are put under the charge of a constable, who 
is sworn to keep them in some convenient place, without 
meat or drink, except such as the justice may order, till they 
agree on their verdict, or till discharged by the justice. 
shall the constable allow any person to speak to them during 
such time, nor speak to them himself, except by Order of the 
justice, unless to ask them whether they have agreed t>u 
their verdict. 

§5. When jurors have agreed on their verdict, they pub- 
licly deliver it to the justice, who enters it in his docket If 
the jurors do not all agree after having been out a reasonable 
time, the justice may discharge them, and issue a new venire, 
unless the parties consent that the justice render judgment 
on the evidence. Persons summoned as jurors may be lined 
in the same manner as witnesses, for not appearing, Off for 
refusing to serve. 

§0. After a judgment has been rendered, it mu>t he car- 
ried into effect; that is, the debt or damage, with the oo 
must, be collected, which is done by a constable. The in- 
strument giving him authority, is issued by the justice, and 
called an execution. The execution commands the constable 
to take and sell of the goods and chattels of the debtor, and 
to bring the money for the debt and costs to the justice 
within the time mentioned in the execution, which tine 
fixed by a law of the state. If the debtor does not pay, 
and no property can be found to satisfy the execution, the 

§3. Describe the manner of obtaining such jury, in this state. 
§ 4. After a cause has been submitted to a jury, what restraint! 
imposed upon them? Why is this done? § 5. If jurors do not agree 

on a verdict, what is dene? §6. How is a judgment collected? 
Within what time must an execution or the money he returned to a 
justice in this state? 



STATE GOVERNMENTS. 115 

stable returns the execution to the justice, not satisfied. 

A j • is n<>t authorised to issue an execution 

: ast the real estate, but only against the personal property 

i i collect 
k ji. 9 quired by the execution, or if he shall r. 

h et to return the execution to the justice within the time 
ostable himself and his sureties will 
■ .v the amount of the judgment 

rtain articles of personal property which 

ration, and which poor men are allowed 

retain 6 r the use and comfort vi themselves and their 

asary household furniture, apparel, 

r implements of trade. Besides resenr- 

f personal property, the law, in a few 

ration a house and lot of limited 

- nment of debtors who are unable to 

Ltion, which was generally practiced in 

intiy, has been almost entirely discontinued, except 

for lines and pen; 1 .! - 

scription of the proceedings of a jus- 

I of a prosecution in ordinary c is & But 

secution in certain cases, one of 

which is by it An attachment is a writ directing 

taken, and kept till a trial can 
!. This mode of proceeding 
• hat a del 
ated by Bummons, i >r 
from the count v, 
or im defraud his creditors, 

of an absent or 

mmon pr a copy of the 

with an i the property attached, 

or, if he had none in 
inventory are to be left with I 

[f the 

What prop- 
1 In wbatc 

meat 

give? § 10. J I 



118 • citizen's manual. 

defendant does not appear on the day of trial, the plaintiff 
may proceed to prove his demand, and the justice enters 
judgment for the amount proved to be due, with costs. To 
satisfy a judgment so taken, the property attached may be 
sold on execution, as in other cai 

§ 11. Jppcals. If either party is dissatisfied with a judg- 
ment rendered in a justice's court* he may have the ca 
removed to the county court. In some states, there are 
certain enumerated casts in which no appeal from a ju>ii 
court is allowed. 

§12. There are different ways of removing causes from 
the lower courts. When tin- removal is made by qgj 
the whole cause is removed; the witn< ive their 

testimony; and tie* lads are Bubmil hearing. 

When a cause i^ removed by a writ of error, 1 1 1 * - witn< 
are not required to attend the trial in a higher court. The 
substance <»f the testimony and proceedings before the jus- 
tice, is produced before the court, and upon this the jud 
give judgment, as the right el' the case may appear, it' they 
decide the judgment «>f the lower court to be correct^ they 
are said to affirm such judgment; bin if they find it wrong, 
they reverse it. 



CHAPTER XXVI IJ. 

COURTS OTHER THAN JUSTICES 1 COI 

§ 1. There is in every count}- a court, called county court, 
or court of common pleas, consisting of one or more jiu!_ 
elected by the people in most of the states, in others ap- 
pointed either by the legislature, or by the governor, with 

§11. To what court may appeals from a justice's court be made? 
§\'2. In what different ways are causes removed? Which mode of 

removal require? a rehearing of the facts? 

§ 1. What court is next higher in jurisdiction than a justice's court? 
What is it called and how constituted in this state? AY hat is its juris- 
diction? 



STATE GOVERNMENT. 117 

the advice and consent of the senate or a council. In this 

I are hied cavil causes in which are claimed sums of 

amount than a justice of the peace lias jurisdiction 

ind crimes and misdemeanors committed in the county, 

of the highest grade, Usoc rases removed by 

appeal or otherwise from a justices 1 court) are tried in this 

i bounty court, there are other courts of dif- 

- and jurisdiction in different states. They are 

called 1 ircuii courts, superior courts, 

d ■-. The highest court in a state, is.per- 
haps more frequently called the supreme court. In New 
si court, and that beyond which there is no 
ifled the court of appeals. 

ircuit court seems to derive its name thus: A 

livided into judicial districts, and one of the judges 

me cairt, or some other judge, goes from county 

aunty, holding a court once a year, or oftener, in each 

of the counties composing a judicial district. A part of the 

38 of this curt is to try appeals from the county court, 

and such of the higher crimes as a county court has not the 

• i try. The name of circuit court, however, is not in 

■n to a court of this kind. 

innty court, and every circuit court having 

liar jurisdiction, has a jury to try issues of tact, and a 

ind jury, .V se in which the fact is 

mined from evidence, whether one party is in- 

ther <>r not; or the fact whether the person 

ilty or not guilty. It is called issue 

ruish it from an issue of law, in which the 

tcided is, what is the law in tin- case : which is 

the court instead of the jury. This jury is usually 

as distinguished from a grand jury. 

of the excellences of our government, that 

liberty and lives of the people, as well as their property, 

i by a constitutional provision, securing to . > 

higher courts an in this state? J 3. Whyk tli^ name of 
to any court? f the difference between an 

an i . ... By what jury is an brae of 



118 CITIZEN'S MANUAL; 

person the right to be tried by a jury of his equals. 
liberty and life are more valuable than property, they ought 
to be most carefully guarded. Hence the constitution of the 
United States, and the constitutions of the several states, 
declare, that no person shall be put upon trial for crime, 
without the previous judgment of a grand jury that he 
ought to be tried. 

§ 6. The manner of selecting and drawing grand and petit 
jurors, is prescribed by law. A number of judicious men 
in each town are selected by some person or persons author- 
ized by law to do so, whose names are written <»;i separ 
pieces of paper, and put into a boi in each town, and h 
by the town clerk ; or, as i^ the case in some states, the nai 
of the persons designated as jurors in the several towns, are 
sent to the county clerk and by him kept in a box. Previous 
to the sitting of each court, the requisite number is drawn 
out of the box, and the persons whose names arc thus drawn, 
are summoned to attend as jur 

§ 7. A jury to try a can-.- in these courts alwaj 
of twelve men, and all must agree in a verdict The num- 
ber of grand jurors is not the same in all tin' states; nor i> 
it required that a grand jury shall always ct)i!>i>i of a defi- 
nite number of men in any state. In New Fork, for insta 
not less than sixteen, nor more than twenty-three, may act 
as a grand jury. 

§8. On the opening of the court, the jurors are sworn to 
make a true presentment of all things given them in eh;:' 
The judge then gives them a charge, and appoints om 

their number as foreman; and the jurors retire to a prh 

apartment to attend to their duties. 

§9. The jurors hear all complaints brought before them, 
against persons for crimes and breaches of the peace; ami 

examine witnesses who appear to testify; and when it is 
requested, they have the assistance and advice of the stai 
attorney. If they think the person complained of ought to 
be tried, they draw up a writing, in which they charge the 



$5. What is the business of a grand jury? § 6. How are in ami 
jurors generally selected, drawn, and summoned? How in this >i 
$ 7. Is the number of grand jurors uniform in the states? What is it 
in this state? § 8; What is required by a grand juror's oath? 



BtATl QOVKBHMH 110 

irith the offense oi which they think he is guilty. 
This is called an indictment. It is signed by the foreman, 
endorsed, M a true bill," and carried by the jury into court 
all the ji in order to an indict- 

ment It' die pen he may 

be put upon tri and 

mmunity, the offender is com- 

in the name and in behalf of the people 

Lting party. The prosecu- 

uting attorney for the county, 

ippointmenl and general duties have been mentioned. 

win, 512.) 



CHAPTER XXIX. 

COURTS OF CHANCERY COURT OF PROBATE — COURT FOR THE 

.!. OF IMPKACHMJBNT& 

is in its nature different from all 
- called a court 

3 right and eqv 
me in courts of law. 
In • 

himself; but in I nth. In 

d to do what he 

ful: : but in a y a man may, 

in 1 ict itsel£ 

$ 10. Iii 
J 1, ~ What ■ What arc 



120 citizen's manual. 

§ 2. If a debtor has property held in trust for him by 
another; or has money, notes, or other obligations or debts 
owing to him; this court may compel him to discover and 
give up such property to satisfy an execution against him; 
and it may prevent persons from paying him such d< 
It lias power also to restrain banks and other cor] 
and individuals, from doing fraudulent acts; to dissolve i 

porations; to Stop pp 3 at law in C j and 

to do many other things of a Eke nature, by way of relief, 

when relief can not others ise be ha 1. 

§ -I Suits in equity ar 1 as suit s 

The plaintiff prepares a Mil of complaint, called a MS in 
chancery, the facta in which are Bworn to by the plaintiff 
The bill, which contains a petition or prayer thai the 
ant, the party complained of, may be 
answer on oath, is- filed withtfa I the court, who iss 

a subpena, commanding the defen the 

COUrt on a day named. A trial may be had on the complaint 

and answer alone; Or witnesses may be introduced l.y the 

pariies. 1 he case is argued by counsel, and a decree is pro- 
nounced by the COUlt, which the curt has power to cany 
into effect 

§4. Courts of chancery, or courts of equity, separately 
organized as such, it is believed, no longer < \i-t in any of the 
states. The power to try suits fa equity is exercised by the 
judges of the common law courts. 

§5, Court of Probate. In each county th< judge 

of probate, whose duties relate to the proving of wills, and 
the settling of tin A will is a 

writing in which a person gives directions for the disposal of 
his property after his death. The Latin wordprobatus means 
proof; hence the application of the word probate to the 
proving of a will.- (See Wills and Testaments.) In the 
state of New York, this officer is called surrogate. 

§ 6. Court of Impeachment. There is no law court by 
this title. The name is applied to the senate when sitting on 

§3. How are suits in equity commenced mid prosecuted! 
What judges now exercise equity powers? §5. What is the bu^i 
of a court of probate? What is a will? 



STATE GOVERNMENTS. 121 

a trial oi impeachment. An impeachment is a charge against 
a public w corrupt conduct in office. If. for example, 

a m slature si ne other 

: law, he 

onduct Or 

apt moth 3, me <-<»n- 

fficia] 

should commit a crime, would be impeachable. 

- '/r//, that ib, t<> make 

of represen- 

the impeachment 

imencing a trial of this kind, as pre- 

presentativea 

. and delivers i: \" the pn -id.'']? of the m a- 

immoned. The accused is 

ge, and is 

st him. When the issue is joined, 

I time and place f<>r trial. Before the 

lerk administers to the president of 

s lent to the other members, an oath 

try and determine the charge according to evidence. 

trials are in courts of jus- 

of the m concur in a 

i ; if nut, he is acquitted. 

If i .him from 

after, in 
ify him : but no other 
rat I hit if the 

• be indicted, 

:\y other 

$6. '• w pf a court of impeachmei 

.• kind of 

Deed? How many 
: i o t i ? "What ' 
liable to any «•• 



122 citizen's manual. 



CHAPTER XXX. 

OF CRIMES FELONIES, OR CHIMES FTTKIBHABLI BY DEATH, 

OR Bl IMPRISONMENT IN BTATI PRISOH. 

§ 1. The statutes of cadi state define all crimes of which 
its laws take cognizance. Bo similar arc the laws defining 
crime in the several states, that the definitions of th< 
mentioned in this chapter, will be found substantially 

with those of the laws of every state in the union. The 
statutes also declare the punishment; bu1 as the measure 
punishment, except for crimes punishable by death, is lefl 
much to the discretion of the judges who pass sentence upon 
offenders, to be varied according to th< ration of the 

crimes committed, it is deemed unnecessary to mention the 
penalties annexed to them. 

§ 2. The laws of the several states differ in I i the 

number of crimes made punishable by death, la Massachu- 
setts there were until within a fei and are pert 
still, no less than six crimes thus punishable; while i 

states the penalty of death is by law annexed t«» the crime 

of murder only. Treason also i^ always punishable by death ; 
but as this offense is defined and made punishable by the 
laws of the United States, not all the states take cogniza 
of it. If committed in suoh stale.-, it is tried in the courts 
of the United States .In New York, murder, treason, and 
arson in the first degree, are punishable by death. I 
states make more than these crimes thus punishable. 

§ 3. Crimes punishable by death, are called capital crimes, 
and their punishment is called capital punishment The 
word capital is from the Latin caput, which means head; 

§ 1. By what authority arc crimes defined, and their punishment 
declared? § *2. What are the principal crimes punishable by dtt 
Which are so punishable in this state? § 3. Why are crimes so pun- 
ishable called capital? Define capital. How, probably, has this word 
come to he thus applied? 



STATE GOVERNMENTS. 123 

;ty the highest or principal. I] 
WVj tlit 1 application of the word capital to the principal 
crimes n ceiving the high* si punishment, which was formerly 

bher oountriea by beh 
he crimii 

defined by statute to 1><\ levying war in 

iation 
by force to usui 
an the governm . or in adhering to 

irately engaged in war with 
my, ami irt 

ately and 
.. and with Intent death; or killing a per- 

houirh n<>t with a 

i killing a p. rson purposely and 

.. The I< n ated cas 

muni - distinguished as murder in the 

. and punished by imprisonment for a long 

is son tidier upon a sud- 

i finally while c tmmitting some unlaw* 
k define four difl 

any dwellinj 
r buildii -thcr. 

■ 

with 

three kit 
When I .it is 

. in th<- i. 

when in d 

of injury : <»r t; I in lawfully B 

le is the 
r while lawfu i, without 



124 citizen's manual. 

any design to do wronor. In the two last cases there is no 
punishment. 

§ 0. Intentionally maiming another by cutting out or dis- 
abling the tongue or any other member or limb; inveigling 
or kidnapping; decoying and taking away children; expos- 
ing children in the street to abandon them; committing or 
attempting an assault with intent to hill, or to commit i 
other felony, or in resisting the execution of a legal proc< 
administering poison without producing death; 
any well or spring of water; are all felonies, and punisha 

as SUCh. 

&10. Burglary ib maliciously and forcibly breaking into 
and entering in the night time, any dwelling house or other 
building, with intent to commit a crime. Breaking into and 
entering a house by day, is considered a i of 

burg'ary. 

§11. Forgery consists in falsely making, counl 
or altering any instrument of writing, with into :.t to defraud. 
The word counterfeiting is generally applied to making fa 
coin or bank notes, or in passing them; or in having in j 
session any engraved plate, or bills unsigned, which 
intended to be used for these purpoi 

§12. Robbery is the taking of personal property from 
another in his presence and againsi bis will, by viol 
by putting him in fear of immediate injury to bis p< rson* 
Knowingly to send or deliver, or to r the purp ee of 

being sent, a letter or waiting, threaten! 
of crime, or t<» do him some injury, with intenl to extort or 
gain from him any money or property, is considered an 
attempt to rob, for which the offender may be imprisoned. 

§13. Embezzlement is fraudulently putting to one's own 
use what is intrusted to him by another. To buy or n c 
property knowing it to have been embezzled, is to be guilty 
of the same offense. Embezzling is usually punishable in 
the same manner as larceny of the same amount. 

§ 14. Larceny is theft or stealing. The stealing of prop- 
erty above a certain amount in value, is called grand larc 
and is a state prison offense. If the value of the property 
stolen is of less amount, the offense is called petit lara 
and is punished by fine or imprisonment in jail, or both. 



STATE QOYXBNMSVTS. 125 

S 15, Perjury is willfully swearing or affirming falsely to 
any material matter, upon an oath legally administered 

jury 18 procuring another to BWear falsely : 
;iry. 

',\ ing 8 reward to a public 

. to influ< opinion, vote or judgment A person 

. 3 ible in the same manner, and 

d, in som may never hold another 

I in all t:.' punishable 

►nment i; state prison. 

combat between two persons with 

Killing another in a duel is murder, and 

ath. l( death dor* not ensue. Imprison- 

challenge t<> light, or to 

1, imprisonment Dueling is not a 

• in every st at 

committed for 
. or forcibly rescuing a 

d with crime, from the custody of a public 
ime. If the offense for which the prisoner is 
felony, the punishment is imprison- 
r both. 
the crime of havii ar more wives, 

big any literally signifies 
imy any number more than one. 
ten ha\ ing two 
son having a lawful husband <>r 
I marryi; >f bigamy. 

An ui iai ry the husba 

ishable in like manner. 

or cohabitin r as 

within 

! removil ! body for any 

. fu] pur; , h body knowing it io 

fully disinterred, is a crime. This offense 

imprisonment in a county 

: not in a 

J 22. P i the 

but are ed in 



126 citizen's manual. 

committing them. Such are accessories. He who advises or 
commands another to commit a felony, is called an accessory 
he/ore the fact, and is punished in the same manner as the 
principal. If lie conceals the offender after the offense has 
been committed, or gives him any aid to prevent his being 
brought to punishment, lie is an accessory after the fact, and 
may be imprisoned or lined. 



CHAPTER XXXI. 

OFFENSES PUNISHABLE BY [MPBI801CMENT IN A COUHTT JAIL 
OK liY FINES — -GENERAL PROVIfl rCEENING 0RIM1 

ARREST AM) EXAMINATION OF OFFENDE 

§ 1. Assault (/inl batter;/ i.> unlawfully to assault <>r 
threaten, or to strike or wound another. Besides being lia- 
ble to line and imprisonment, the offender is liable also to tin* 
party injured for damages. 

§2. A riot is the assembling together of three or more 
persons, with intent forcibly to injure the person or property 
of another, or to break the peace; or agreeing with each 
other to do such unlawful act, ami making any movement 
or preparation therefor, though lawfully assembled. When 
riotous persons are thus assembled, and are proceeding t i 
commit offenses, any judge, justice, sheriff, or other minis- 
terial officer, may, in the name of the state, command them 
to disperse. U they refuse, the peace officers are required 
to call upon all persons near t<> aid in taking the rioters into 
custody. Persons refusing to assist may be lined. 

§ 3. A sheriff or other officer voluntarily suffering a pris- 
oner charged with or convicted of an offense, to escape from 
his custody, is guilty of a misdemeanor. To rescue a pris- 
oner thus charged or convicted, is punishable in a similar 
manner. It is also a misdemeanor to assist a criminal, with a 
view to effect his escape, though he does not escape from jail. 

§ 1. Define assault and battery. To what is the offender liable : 
§-2. What constitutes a riot? How may riots be suppressed 1 
\ 3. "What is said of the offense of aiding prisoners to escape 1 



STATE GOVERNMENTS. 127 

§ 4. A person taking upon himself to act as a public offi- 
. and taking or keeping a person in custody unlawfully 

or without authority, is fake imprisonment; for which the 

offender may be fined or imprisoned. 

J .">. & si h ^ tin' offenses which have been defined, are the 
g which are n such in some or all of the 

i punished either by tin.'' or imprisonment: 

• i • start by threats, any money <>r other ben- 
: fraudulent i concealing property to defraud 

i r more persons to commit an 

ofl< • g a reward to Conceal a misdemeanor ; willful- 

■ ait ting down or carrying away any 

1 <»r timber, or injuring fruit, ornamental or shade trees. 

an election more, than 

- or others when intoxicated, prescribing 

Lang r others keeping poi- 

without having them labeled with the 

maliciously killing or wounding animals be- 

r cruelly beating his own or another's; 

ring "i- ivading sealed letters addressed to an- 

- - punishable by the laws of the United 

j any monument, milestone, or 

injuring or destroying a public 

.illdam. 

. are nume- 

•rrupt the morals and disturb 

;y ; among whom are the 

bo run away and leave their 

; persona pretending 

•the resort <>t' drunk- 

: persons having 

. . the m At part rapport them- 

immoo shownnn, rope dancers and 

oth ing tables and other 

i or devices. A: <!<•- med to be 

Jit by warrant before a justice for 
. and if found to be a disorderly p<T><<n, the 

dm of the 

§1. What j-< • 

.!t wall I 



128 citizen's manual. 

justice may require him to give a bond, with sureties, for his 
good behavior ; and if he can not find sureties, he may be 
committed to jail. 

§ 8. Betting and gaming is a disorderly practice, and un- 
lawful. The loser of any wager or bet is Dot bound to 
it; or, if he lias paid it, he may Bue for and recover the 
same. The winner or loser at a game of chance, is, in c 
tain cases, at least in >>)\w> slates, liable to a fine. 

§ 9. Racing horses or other animals for any bet OT Stakes, 
is a nuisance or misdemeanor; and all parties concerned 
therein are liable to a fine or imprisonment, and all p€ 
officers may disperse the persona assembled to attend the 
race; and judges and justices may issue warrants tor an 
ing the offenders, and compel them to enter into : 
zances, with sureties, for good behavior, and for their 
appearance at the proper court to answer for their 

§ 10. Profane cursing awl swearing, and Will fill Ij 
ing a religious muling, are also among the disorderly pr 
tices which render the (.{lenders liable to tines and penalties. 
Yet few vices are more common than profaneness. No! all 
profane words usually called swearing, are punishable by law ; 
but the use of them is not on that account the less sinful. 

§ 11. Arrest and examination of offenders. Any judge 
or justice of the peace has power to issue process for apj 
hending any person charged with an offense. When a com- 
plaint is made to a magistrate, he examines the complainant 
on oath, and any witnesses lliat are produced; and if it ap- 
pears that an offense has been committed, he issues a war- 
rant, commanding the offieer to whom it is directed to bring 
the accused before the magistrate. 

§ 12. The magistrate first examines the complainant and 
witnesses in support of the prosecution: and next the p 
oner, who is not on oath, and then his witnesses. If an 
offense has been committed, and the evidence of the pris- 
oner's guilt is such as, in the opinion of the magistrate, to 

§8. How does the law regard betting and gaming? $ [). ]\ 
does it regard racing? §10. Are there any laws against pro; 
swearing and disturbing religious meetings? Is any profane swearer 
a good man ? §11. By whose authority are offenders arrested for 
examination ? 



TE G VE BH M IHT& 120 

justify his being hold to trial, the magistrate hinds, by re- 
>r and all material witn< 
ear and testify against the prisoner, a( the next oourt at 
which tl r may be indicted and tried. 

.;« s the i be himself lias power to 

try ; the lower grade. 

In certain otl is left to the choice of the prisoner 

trial at the eounty court* or to be tried 

by the i ind thus to have the matter at once 

^14. It' cither tho offender does not choose to bo tried 
by the justice, or the justice has r r to try him; and 

if tb for which he may be let to bail, the 

fce may ; : for his ap] at the next 

But if no bail is offered, or it' the offense is not bail- 

r is committed to jail until the next session 

of the court having power to try him. But he must be 

indie ad jury before he can be tried. 

why offenders are sometimes arr 
mined b ir case is brought before a grand 

jury, is to j their escaping before the next county 

j rand juries --it only during the terms of courts, 
y in which bail is taken is this: th ■ 

the justice or judge shall re- 
or more sureti s, wh< 
- 1 at the i 

im mentioned in the b 
: rench w< liver, or 

i, lets fr< e, or delivers to 
1. Ihi. 
when li" procures his liberation. The 
surety, i> in law called a recogni- 
i the boi i by the prosecutor and 

witn< r their apj inst the prisoner. 

w hat 

I of th" ]>i § 13. Wl 

tried, whal with him V v^ 15. Why 

$ 16. 



130 CITIZENS MANUAL 



GOVERNMENT OF THE UNITED STATES. 



CHAPTER XXXII. 

NATURE Of THE union. 

§ 1. It has been attempted, in the fgregomg chapters, to 

illustrate the principles of civil institutions, and to show the 
application of those principles to the government of th< 
If the reader lias carefully studied these chapters, it is pre- 
sumed he now understands how the powers of the govern- 
ment of a state are divided; by whom and in what manner 
these powers arc exercised; and what arc his political rights 
and duties as a citizen of the state in which he resid 

§2. It will be next in order to treat of the governmental 
the United Stairs. The youngest student in political science 
probably knows, that while he is a citizen of a state, and is 
subject to its government and laws, be is at the same time a 
citizen of the United States. And as he is Bubject also to 
the laws and government of the United States, it i 
sary to understand his duties as a citizen under this govern- 
ment, and the relation which the state governments and the 
government of the United States, bear to each other. 

§ 3. The government of this country is complicated. Not 
only is there a complete government in each of the states of 
the union, but the people of the several states are united in 
one general government, whose powers control, in certain 

§ 1. How is the power of the people in their political capacity exer- 
cised 1 How is the civil power of a state divided? (See Chap. IX.) 
$2. Of what two governments are you a citizen? 



UNITED STATES GOVERNMENT. 131 

matters, the people and governments of the states. The form 
of this government is similar to that of state governments, its 
I eing divided into legislative, executive and judicial; 
and itution is called the " Constitution of the United 

B . "t" the states being thus incorporated 

it nation under a general constitution, this gov- 

in. - called t 1 . rincnt. The 

united in a racy, the government 

: ; the word federal being 

from the Latin, ad signifying a league, or 

learn the nature of the general government, and 

i the United States, we must 

be time when the American colonies were sub- 

itain. The c bad then no political 

on ■ They were in this respect, as 

ind< i--h other as different nations. Hence the 

not then citizens of the United States, nor of 

r union: they were only citizens of the respective 

i i which they resided. 

tie controversy with Great Britain, it became 
>nies to agree upon some general meas- 
ure a r this purpose, the first great continen- 
! of delegates from the several colonies, 
\\ of September, 1 77 1. The. 
.• i propose and to 
• el" ih'- country 
] ;t requi -. on the 4th of .Inly, 

" tree and independent 

called " The unanimous Declar- 

- of America; " but the states were 

united only . f< ty. There was no 

which ex< luthority over the states. The 

i governm< 
imenl is ine general government estab- 
• • mdition of the colonies bi 

. hen, did 1 1 1 < - first colonial congn u 

| • ;. I Mil ill.' p. opk of the - 



132 citizen's manual. 

people were subject to their respective state governments 
only. They were not yet incorporated into one nation for 
the purpose of government, as now, under a constitution. 
Hence, they were not yet properly citizens of the United 
Stat 

§ 7. To effect the future security as well as the immediate 
safety of the American p - deemed it d 

that there should be a onion of the states und< 
eral government; and in November, 1777, that : 
upon a plan of union. The articl called "Articles 

of Confederation and perpetual Union between the 
and wen into effect wb 

of all tli >me of t: e to 

the articles; the last Btal ing to the plan until 

March 1, 1781, when the art* ; adopted 

§8. But the unio these articles of confed- 

eration, was not such a union a which exists under the 

present constitution, as will appear b 
points of difference between them. In the first place they 
were different in form. The confederation was merely a 
union cf states. It had not, as the national government i 
has, the three departments of power, legislative, executive 
and judicial. Jt had only a legislature, and thai consist d 
of a single body, called co in which the several sta 

were entitled to an equal n ; the number 

delegates from each state being not less than two nor 
exceeding seven. 

§0. The nature of that union as a mere confi derati 
states, appears farther from the manner in which q 
were determined by congress. A questi m was not 
by a majority of the delegates, but by a tnajot 
If a majority of the delegates of any state voted in favor of 
a measure, that stair was set down in the affirmative; hut 
if a majority voted against the measure, the state was placed 
in the negative. Thus each state gave but one vote; and a 

§7. "What plan of union was agreed on by congress in 1777? 
When was it finally adopted? § S. What was tin 1 nature of t In* con- 

federation? Of what powers was it destitute? J \). How were ques- 
tions determined by that congress? 



UNITED STATES GOVERNMENT. 133 

stion having in its fav<V a majority of the states, was 

red to be carried. If an equal number of the delegates 

bed for and against a proposition, such state was 

K having no vote. So also a state lost its 

si two of its delegate 9 presenl 

and 

! from the pr< sent also in 

The confederation was a very weak 

were vested in congress. The con- 

Lhe common affairs of the nation, and 

laws they might be called) as should 

: but a main defect in the system wi 

that congress had no power to carry its requisitions into effect. 

§11, For example, it belonged to congress to ascertain 

number of men and the sums of money to be raised tc 

I to call on each state to raise its duo 

re; but - >s could not compel a stale to obey the 

uisitioiL It had no power to lay and collect taxes; it 

upon the states for raising the money to 

defi expenses. It could, and did, to some 

.- in its own name, on the credit of the 

1 not the means of repaying the money so 

irved to tile siaits to lay 

! upon t! v. ill of the legislatures 

thirteen independent stab s to carry any 

Indeed, ia some instant 

sluctantly yielded compliance with 

rnment 

■ weak a government could 

But rtl ir condition of the 

it is indeed doubted whether the ordi- 

I have been SO generally complied 

I in a time of war, 

operations of war, rather than to a 

the return of peace, the inefficiency 

L It was therefore a 

gv consist? 

$ IS kept t«>- 



134 citizen's manual. 

sense of danger from abroad, rather than any power in the 
government, that kept the states together. 

§ 13. The case of the states at Chat time was similar to 
that of individuals, who have been known to unite in avert- 
ing a common danger or in pursuing a common inter 
but whose union and friendship are impaired, or perl 
broken, when the desired objeet lias hen attained. i 
war being over, the states did cot continue to ad in har- 
mony. Laws were enacted in some states, giving tin hr own 
citizens undue advantages over the citizens of other 
and soon the good feeling which ha 1 exist d was interrupted; 
and in a few years, the jealousies and disputes between the 
states became such as threatened to break up the union. 

§ 14. It was now evident, that, to keep the states united 
in time of peace with foreign nations, a government : 
ing more extensive powers was necessary; a government that 
could, in all needful cases, control the action of the > 
governments. After Beveral ineffectual attempts to remedy 
some of the existing evils, congress having been thereto 
requested, called a convention to revise and amend the arti- 
cles of confederation. All the states, Rhode Island excepted, 

chose delegates, who met at Philadelphia in May, 1 787. Al- 
though it seems to have been generally intended only to aher 
the articles of confederation, it was proposed to tie- conven- 
tion to form a new government, different both in its form, 
and in respect to its powers. This proposition eed 

to by a majority of the convention; and after a long and 
arduous session which closed in September, tin- present con- 
stitution was adopted by the convention. 

§ 15. On examining the f constitution, we see that it differs 
also in its nature from the former government. This app 
from the manner in which it was formed and adopted. The 
articles of confederation were framed by congress, the mem- 
bers of which were appointed by the state legislatures; anil 
when so framed, they were sent to the state legislatures, to 
be approved by them before they could go into effect. The- 

§ 13. Wherein did the inefficiency of the confederation appear after 
the war? § 11. What measure was at length taken to alter the g 
eminent? When did the convention begin and end its session? 



UNITED STATES GOVERNMENT. 135 

adoption of those articles waa therefore the act of the legis- 
the states, and not the act of the peopU of the 
s; and the oonfederatioo waa a rather 

than of the states. 

5 L& The constitution, on the other hand, waa framed by 
^pointed . for thai purpose, and Bubmitted for 

iuvi s, but to the people of 

pied by >t:u« 4 conrentioms whose members 

for thai purpose bjthe people. Hence, the 

a is vim; f the people; and the union 

i >:i of states, out as the preamble 

, " ; armed by "Tea people 



CHAPTER XXXIII. 

\TIYE DEPARTMENT SENATE AND HOUSE OF 

- :H r vnvi;s. 

d of two 

and a house of representatives. The 

two members from each state, chosen by 

Thia body is constituted upon 

be old congress, in which all 

I to an equal representation, and the 

en by the legislatures. 

must have attained the age of 

been nine yean a citizen of the 

$ 15, ration differ from the constitution in 

t'and a Lin the nature of the 

j 1. < pro branch tl? J low i- the 

. and for what b 



136 

United States ; and he must be, when elected, an inhabitant 
of the state for which he is chosen. 

§2. The house of representatives is constituted upon the 
same principle as the house of representatives in most of the 
states. The representatives arc apportioned among the - 
oral states in proportion to the number of inhabitants in each, 
as the representatives in a state legislature are apporti 
among the counties of the state; or as in the New England 
states, among the towns. Representatives are chosen for the 
term of two years. A repr must have attained 

the age of twenty-ih been seven years a 

citizen of the and he must be, when elected} 

an inhabitant of the state for which he is ch< 

§3. The constitution »1 limit the house to any 

definite number of representatives; it only declares thai 
number shall nol >,000 inhabitants. 

Every ten years an enumeration of the inhabitants is made, 
and the next congress thereafter determines the number of 
representatives, and the ratio of representation; that is, the 
number of inhabitants which shall be entitled to a represen- 
tative for tlif next ten years. 

§ 4. But a representative for every 30,000 inhabitants, 
after the population has 1 ry numerous, would make 

the house too large to transact business with dispatch, and 
subject the people to needless expense. After the I 
census taken under the constitution, (1790,) the ratio was 
fixed at -' md the number of represei I 06, 

After each succeeding enumeration, the number of inhab- 
itants fixed as the ratio of representation has been ii 

After the census of L830, the ratio was fixed at -17, Too; and 
the number of members was 240. After 1840, the ratio 

was 70,GS0, and the number of represent itives 230. Su 

the last census, taken in 1S50, the ratio has been fixed at 

, and the number of representatives is 232. The 

number of representatives has frequently been increased, by 

§2. How are representatives appointed? For what term are liny 
chosen? What are their qualifications? § 3. How is the number of 
representatives restricted? How is the number determined? vS 4. How 
has the increase of the number of representatives been checked? 
What is the present number? 



VNITED STATES GOVERNMENT. 137 

the admission of I tiring the interval between two 

enun. 

d by districts, Each state 

iture into as many districts, called 

ire representatives to be 

I h district choose 

- of the is believed, 

at the time of the general state 

-. there rial elections for 

. 

portion ( ,f tin- p 

Dumber of representatives 

fifths of the slaves are 

me of the delegates in the 

- itution, thai the people of 

pn sented for their slaves, 

perty, and no property in the 

- owners to representation. After much 

I that every Jive s/aves should 

'• • citizens. 

appears, that the slaveholding states have, 

this rule of representation) a great advantage 

bo tlu-ir power in the gov- 

tntatives being much 

to th< ir/rei population, and there b< ing 

es, who have 

tage may be Been by the. 
tain 000,000 free 
Three-fifths of the Mun- 
ich number added to the iiuni- 
'. From which it appears, 

• 1 would have just iltrti reprt sentatives 

; il contained the 000,000 

tveholding I in return 

6, Bow an 
7. What advani 



38- citizen's manual. 

di equivalent for this advantage given to the slave states. 
Article I, section 2, of the constitution provides, that direct 
taxes, as well as representatives are to be apportioned among 
the states according to the enumeration Which includes three- 
fifths of the slaves. Thus, suppose it to be necessary for 
congress to levy a direct tax upon the people of the 
and that there arc two states in the Union, the one contain- 
ing a population like, that of the state supposed in the last 
preceding section, and the other the 000,000 free persons 
and no slaves. Now, as in apportioning representatives the 
former would have three for every two of the latter: so a]><> 
in apportioning to each state its quota of taxes, the d 
state would he required to raise three dollars for every 
to be raised by the fn e state. 

§ 10. But this expected advantage has not been realized 

by the non-slavcholding states, as direct taxes for defraying 
the expenses of the general government are not n« 
The treasury of the United States lias for many years been 
supplied by the revenues derived from other BOUTCes. (fi 
Chap. XXXVIII.) Congress lias found it necessary to 
ercise its power of direct taxation only two or three times 
since the adoption of the constitution. 

§ 11. Those who are unacquainted with the history of the 
deliberations of the convention that framed the constitution, 
may not know the reason why the smallest and tie- !ar 
states have an equal representation in the senate. The small 
states having been equally represented under t\ir coi 
tion, their delegates in the convention insisted on retaining 
this equality under the constitution. After a warm and 
protracted debate, a compromise was effected; the small 
states consenting to a proportional representation in the 
house of representatives, on condition of being allowed to 
retain their equality in the senate. 

§ 12. Provision is made by the constitution for securing to 
the smallest states a representation in the house of repre- 
sentatives. Each state must have at least one representative. 
Without such provision, and with a ratio of 100,000. both 

$ 9. What advantage did the free states expect in rejurn? & 10. Why 
have not these states realized this advantage? §11. How came the 
convention to determine upon an equal representation in the senate? 



UNITED STATES GOVERNMENT. 139 

Delaware and Rhode Island would hare been long imrcp- 
nted in the house, neither having until recently had a 
to entitle it to a representative under 
such a ratio. By an acl s, i very terril >ry also, 

i the United 9ta4 s, in which a government is 
I a deleg -. v. ho has. the 

i voting. 
. The manner of organizing the houses, and of passing 
first article of the constitution, 
that which is practiced by the state legislatures! 
§ 14. Id For their services, eight 

dollars a day. The speaker of the house of representatives, 
and the president of the senate pore, when the vice- 

si lent is absent, receive sixteen dollars a day. Members 
ive a day's compensation for every 
travel to and from the seat of government. 



CHAPTER XXXIV. 

XTIVE DEPARTMENT ELECTION OF PRESIDENT AND VICE- 

lepartment of the general 
in a manner Bimilar I i 
The chief executive officer is the president of 
for four years. There is 
.me time, and for the 
• term. leral duties of these officers are much 

rnor and lieutenant-governor of a sta 
■ • be thirty-five years of age, and a 
natural born citizen of the United 



$ 12. bJ constitutional provision is p re] resentation 

Save tli" len :h right! 

$ 13. L What com* 

$ J. For what I 



140 citizen's manual. 

of president becomes vacant, the vice-president becomes 
president; and a president of die senate pro tempore, ch< 
by the senate for the purpose, takes the place of the vice- 
president. 

§3. In electing a president* Ihe people do not vot 
rectly for him. The voters of each slate choose a Dumber 
of men, equal to tin- number of senators and representafr 
to which it is entitled in congress. These men, thus chosen 
in the several states, el.-ct the president and vice-president 
Hence they are railed eh ctors ofpresiit ut a ■'< nt, 

or presidential electors, 

§4. These electors are not chosen in the same mam. 

senators and representatives are chosen. The names of two 
men corresponding t<> the two a nators to which the 

entitled in eongn ili.r with the names of as many 

other men as there are representatives of the state in the 
lower h<»use of congress, one to be taken from each con- 
gressional district, are all placed upon <>ne ballot; so that 
every voter votes for the whole number <>f presidental dee- 
tors to be chosen in the state. These electors are chosen on 
the same day in all the states; which day is the Tuesday next 
alter the firsl Monday of November. 

§ 5. The electors of president <!<> not all meet in one body. 
Those of each state meet by themselves, in their own si 
on the first Wednesday of December, and vote tor president 
and vice-president; and make and sign three certificates of 

all the votes given by them, and seal up the same. One of 

\hv>e certificates is to he sent by a person duly appointed 
them, to the president of the senate at the seal of govern- 
ment, before the first of January next ensuing; another is 

to be forwarded by mail, also directed to the president of the 
senate; and the third is to be delivered to the United Stai 
judge of the district in which the electors are assembled. 

§ 2. What are the qualifications of a president ? In case of vacancy 
in the office who becomes president ? And who vice-president ? 
§ 3 By whom arc the president and vice-president elected ? $ 1. Unb- 
are these electors chosen ? On what day is the election of elect 
§ 5. How, where, and when do the electors give their votes for presi- 
dent ? To whom are certified lists of votes sent ? Why are so many 
certificates made ? 



UNITED STATES GOVERNMENT. 141 

^ 8. On the second Wednesday of February, the president 
of the Benate, in the prea >nce of all the senators and repre- 
sentative.-, opens the certificates from all the states, and the 
anted The person having a majority of all the 
at is elected. IT no person has a 
iiity "f the electoral rotes, tin- house of representatives 
mu>t choose the | from those candidates, not exceed- 

irho had the i umbers of the eleetora] 

8, But in SO doing the members do not all vote to- 
. but those of each state vote by themselves; and 
te who r« of a majority of the 

representative - - but one vote for each Buch 

; from which it appears that there are only as many 
sidential votes - there are states; and the person who 

3 (rf a majority of the states, is elected. 
- mode of electing a president may be illustrated 
; L824, when a president was elected in 
manner. The electoral vote was divided upon four can- 
didates; Andrew Jackson having received 90 votes, John 
Quincy Adams 84, William H. Crawford 41, and Henry 
7. Neither, candidate having received a majority of 
all I »ral votes, the election of president devolved 

and was to be made from 
the having received the highest numbers 

states voting for 

-president by the elec- 

i ha\ ing 
- of th<- electoral votes. The person 

a majority of the whole number of 

nt. 

sident and vice-president go into office on the 

4th day of m ct after the election, and end their term 

on tie- 3d day of March, four years thereafter; the same 

$6. When, nu<\ by whoa What 

an election ? h the highest aum- 
choiee by the electon 
mple of thi- mode of eleel 
- 

LI lens of the prarident and when 



142 citizen's manual. 

days on which senators every six years, and representatives 
every two years, commence and end their regular terms of 
office. 

§ 10. The powers and duties of the president are numer- 
ous, and some of them very important They are in their 
nature much the same as those of a governor of a si 
(Sec Cons. Art. \\, § 2, 3.) The principal duty of the vice- 
oresident is to preside in the senate. 



CIIAPTi: 11 X XX V. 

HEADS OF DEPARTMENTS — BECRETART OF BTATE, 

TARY OF THE TREA8URT, BECRETART OF Till-: INTERIOR, 

SECRETARY OF WAR, BECRETART OF THE NAVY, ATTOfi 
GENERAL, POSTMASTER-GENERAL. 

§1. The genera] executive business of the nation, except- 
ing what is done by tie- president in p< rson, is performed in 
the several executive departments, of which the followi 
are the head officers: the secretary of state, the secret 

of the treasury, the secretary of the interior, the seen ' 
of war, the secretary of the navy, the attorney-general, and 

postmaster-general. These officers are consulted by the 
president on important public matters; and hence they are 
called " the cabinet." They are appointed by the president 
and senate. 

§ 2. The secretary of state performs many duties similar 
to those of a secretary of a state government. Besides 
these, he transacts much of the business with the govern- 
ments of foreign countries. Instructions from the president 

§ 1. Name the head officers of the several executive departments. 
As advisers of the president, what are they called? (See Chap. V, 
$13.) 



UNITED STATES GOVERNMENT. 143 

to our | 3 abroad; munnnicated by the 

a 
and transacts the bus with the mini- 

of t retary baa a 

number of el 

lucta the financial 

His du nearly the s;imo 

..alitor of mv, 

in i i five auditors I i 

air,;: s ad collect the debts 

• to k'<-p and pay out the 
mo: aported 

aod ;. and of g employed in our foreign 

. 

f the mU ri r exercises all act 

and appeal in regard to the office of the com* 

and the general land office; in relation 

olssi >f Indian affairs, the com- 

sioner of b, and the commissioner of the public 

bui. ad he lias supervision also over the lead and 

States: and he signs all requisi- 
yment of money out of the treasury on 
I departments of his busu 

the home 
departm ied in l B49. The bue this 

ther dep 
te 1 with the depart- 
Ece with rary departm* nt; 

[ndian afl I to 

irtment formerly Iso the 

;rly 
rnment ( -r i 
In s in war. 

is to 

are the 

■ 

I 
! 

In .«>ne? 



144 citizen's manual. 

persons disabled in the war of the revolution so as to be 
unable to support themselves by manual labor. To the pen- 
sion list vrere afterward added those who were disabled in 
the war of 1812. By later laws, the pension list b 
extended to all who h I for six months at least in the 

army or navy daring the war of the revolution, and to their 
widows during their iiv< s. The usual allowance I 
is i ight do!!., tli. Those \\ ho i i e • 

greater compensation. Since the late war with Mexico, an- 
other class of pensioi d I i the p tnsion list 

K 7. The business of the i the 

military affairs of the I Hit -d 
wdiat is called a standi 
about 1 0,000 armed men, stationed in dill- 
United States, and read j for Bervice when wanted. Th 
tary is assisted bj 

§ 8. The p< rinten Is th( 

relating to the navy, 

which a nation keeps to defend itself in time of war, and to 
protect the trade of its citizens on the high seas in time of 
peace. There are also employed in this department thi 
navyi-commissiotu r«, and a numl 

§ 9. The atii 
suits in the Bupi i which I 

eoncerm !\ i •< u] • & law, when 

requested by the president or 1 

v> 1 0. The r - a, ap- 

points postmasters, and pr The 

business of this department is very i i There us 

postmaster in almost every town in the union; in some 
towns there are several; and the business of this vast num- 
ber of officers, is under the general supervision of the 
department, and subject to its direction. 

§11. Every postmaster is required to keep an account of 

§ 6. In what department was the pension busini bs done? What is 
a pension.'* What persons are entitled to pensions? $7. To I 
does the business of tho secretary of war relate? What is tL$tmm 
army? <^ 8. What is the business of the secretary of the navy? What 
is hnavyf § 9. What are the duties of the attorney-general? J 10. What 
are the duties of the postmaster-general? 



O'lTEP STATES GOVERNMENT. 145 

all the letters sent from and received at his office, and the 
nan. • office to which each letter is Bent, and of that 

froni which it is received; s i Account of all letters on 

Hid on which it is 
unpaid, and I postage. He is also 

. make cut a list of all the let- 
id to advertise the same. At 

. be Bends such account to the gon- 
ther with a statement of all moneys 
which i i for postage and paid out on the orders 

of the department. 

§ ]'2. Also all letters which were advertised at or before 
the end of the preceding quarter, and which still remain in 

. ) are now Beat by mail to the 
general Ice, where they are opened; and such of 

them as contain valuable matter, are returned by mail to the 
writers of them. Letters also that are refused by the per- 
sons to whom they are addressed, are sent as dead letters to 
general post-office. 

. Postmasters whose commission has amounted to less 

than $200 during r preceding; members of congress 

during their term of office, and until the first of December 

[ration, may receive and send letters and pack- 

re than half an ounce, free of postage, 

or, The person having the privilege 

of frankiivj - , writes on the of the letter or package, 

e of his office, which exempts the same 

istage are, three cents on 

igbtng half an ounce or less, for any 

miles, if pre-paid; or fire cent*, 

- line for every additional half ounce 

of half an ounce. For any distance exceed- 

rai 5. An alteration in the 

periodicals, pamphlets, <fec, being 

on, the present rates are here omitted 

j 11. ) 12. I low- 
are dead and r I I 13. Who are entitled to 
the : Sow are letters franfcedl $11. What aro 
thp pretest rates of . 



146 citizen's manual. 



CHAPTER XXXVI. 

JUDICIAL DEPARTMENT Dfi 

§ 1. As lias (ted, thei ption 

of the constitution, no establish al judiciary. The 

ch a tribunal I 
and other mati 

appari i national 

com 

vs 2. li i tween cidzei 

the same state, 

laws, should be tried by the coui te. But when 

under tl i the I faited Stal tween 

differ- crimes 

the juris- 

Oth< r than a 

court oug 

should violate the I 

of duties i cuted in a 

court of the \ fnited 

.1 the limits i i in a national 

court. Piracy, which is Jways 

tried in such court A 11 other ( itioned in 

the constitution. (Art. Ill, § 2.) 

§3. The lowest national courts are tl 
Every state constitutes at least one district; a :"■ 
largest states, two each. In each district is a judge, called 
a district judge, who has power to hold a court. Then 

§ 1. By what authority are national courts establish What 

kinds oi' cases are t: i d in the courts of the United States? $ 3. Which 
are the lowest of these courts? What territory is embraced in a judi- 
cial district? Besides the judge, what other district officers are there? 



UNITED STATES EKWIRtfUBNT, 147 

h district • i attorney to Bui s 

part of tbe Unil s, and a marshal, wb 

duties in this cowl are similar i sheriff in state 

li fries 
and the low tins! the 

- than i 1 )' 1 dis- 

the [Ji i ach 

including b tea li each there is a circuit judge, 

The judge 

itbin whi aits with the 

in holding a circuit court Besides certain 

kinds of civil ca - the highest crimes 

3 the laws of the I'm: turder within 

«y, the property of the United 

•a the high seas. In consequence of the late 

increase of the number of states and of population, an addi- 

to the number of circuits has been proposed, and will 

be made. 

sts of all the judges of the 
ait courts, one of whom is the chief justice of the supreme 
■e but few caus a which originate or corn- 
ice in tliis c<»urt; its principal business is to rejudge cases 
thai raght up from the cir< It holds one 

■ :. commencing in 

►ui i of the I Fnited 
and uniform interpretation to 

State laws, 

times made which arc 

be constitution and laws of the 

led c institutional 

red unconstitutional in 

•. when a ried 

Bow mai 

I n 
in court 
tan -I", a each of tl 

! bj 

a supreme cc. 



148 citizen's manual. 

in the highest or last court in a state is deemed inconsistent 
with the constitution or laws of the United Suites, such case 
may be removed by writ of error to the supreme court of 
the United States, whose decision governs the judgment of 
all inferior couits throughout the union. 

§ 7. All judges of the United States 1 courts are appointed 
by the president and senate, and hold their offices for life, or 
during good behavior. 



CHAPTER XXXVII. 

POWERS OF THE GENERAL GOVEKN.MF.NT, IN* RELATION TO 
TAXATION, AND THE PUBLIC DEBT. 

§ 1. Having seen how the several departments of the 
general government are constituted, we proceed to the con- 
sideration of its powers. Liberty can be secure only where 
the rights of the people. and the powers of the government, 
are clearly defined and well understood; since, without this 
knowledge, the people are incapable of keeping the govern- 
ment within the limits of its constitutional powers. 

§2. In respect to the origin and extent of the powers of 
the state governments, and the general government, there 
is a difference worthy of notice. The general government 
derives its powers from the states, or the /n<>j>lc of the st<ites, 
and can exercise such powers only as the people have dele- 
gated to it by the constitution; whereas, the states, originally 
possessing entire sovereignty, may exercise all powers which 
they have not surrendered to the general government. That 
is to say, the national government is limited to the powers 

§7. How are the national judges appointed? How long do they 
hold their offices? 

§ 1. What is essential to the security of public liberty? § 2. What 
difference is there between the state governments and the general 
government, as to the measure of their powers? 



UNITED STATES GOVERNMENT. 149 

granted; the power of the state governments is unlimited, 
ezc r as they have parted with any of their original 

powers. 

$3, the important powers of the government of 

the United Si n- s are r< sted in congress, and are expressed 
in the 8th section of the first article of the constitution. Per- 
haps the want of none of these powew was bo sensibly felt 
leration, as the first three here mentioned: 
and it is probably for this that they were placed at 

. the list The first of these is the power 
u ic zcises; " the 

of which power are declared to be, 4 ' to pay the debts, 

\l welfare of 

5 4. ss had been obliged to borrow large sums of 

fray the \ of the war. Several millions 

i] rowed from France and Holland. But congress had 

r, as has been observed, to raise money by taxation. 

rernment could not pa}- its debts, nor support itself. 

But by the power here given, it may raise money to any 

amount y for the objects stated in the constitution. 

I it may raise the money either by direct taxation; that is 

by laying directly on the property of the citizens; or 

ion , which is by duties, imposts, and excises. 

•. and imposts, have nearly the same 

The I ver, are properly taxes on goods 

y; the first apply to ta roods exported as 

ted. But as our government does 

- • three words practically 

do reference at all to 

r importation ofgoods; it is a tax laid upon 

anufactured, Bold or consumed, within the country. 

r example, is the duty paid by keepers of taverns 

■ be privil lling liquors. 

withstanding c p >wer to raise money by 

ways, it has seldom been found necessary 

$ 3. '• • powers here alluded to were wanting under the oon- 

first of these powers? (\ I. What rendered 

I low far, and DOW, may this power be exer- 
cised? $5. De;i imposts* and exci 



150 citizen's manual. 

to exercise it in any oiher way than by laying datkfl oa 
foreign goods* and on the vessels in which tie im- 

ported. How effectual this mode of taxation h will 

appear from the follow i 

§7. At the close of the revolutionary war, the oati 
debt amounted b 0,000, "a which congress could not 

so much as pay the inter( tui- 

tion went ini . the debt had risen to I . in 

1804, to $86,000,000. Prom that time it gradually dimin- 
ished until the commencement oft] r, in L 81 2, when 
it was reduced t ,000. I 
again increased, b ins in L81 <'», $127,0 

J 8. The raising o sum, by a duvet tax, would 

have been very oppressive. Wherefore congr 
its power of taxation almost exclusively in laying duties on 
imports; and bom tin- revenue thus raised, not only 1. 
the yearly expenses of the government been defrayed, but 
this vast national debt bas long since been paid, leaving in 

the treasury a large BUrplus of more than thirty million- 
dollars, which, by an act of congress in is:;*;, was apj 
tioned among (he several states, to be kept and used by the 
states until called for by congress. Probably the return 

the money will ne\ mand-d. 

§9. Equally necessary is the power nexl mentioned, 
borrow money on th\ States" L 

sums of money are BOim times wanted to pay a debt be: 

they can be raised from the revenues or regular income of 

the nation; and S 3 immediately, as in case of war. 

In Mich case, congn ss must either ta\ the people, or borrow 

the money. Bui uld lend the government, it it had 

not the means ( A paying? lb-nee we gee the utility of both 
these powers. Capitalists now have confidence in the en 
of the government; because, if other means of fulfilling its 
engagements are insufficient, it has power to raise the money 
by direct taxation. 

§ G. How lias the national revenue been hitherto chiefly raised 1 

§7. State the amount of the national debt at different periods. f& By 
what means was the debt paid? Has a national debt been since con- 
tracted? J 9. Why is the power to borrow money I 



UNITED STATES GOVERNMENT. 151 



CHAPTER XXXVIII. 

GOVERNMENT, IN RELATION TO 
RCK. 

§ 1. The power "to r< I na- 

. Inch is next in the list, > be in a measure 

1 with the tirst, " to I it will be remem- 

. the colonies 
pendent on Great Britain for manufactured 

I war, the direct trade with that 

t^d. 13ut when peace was restored, 

our max again open to British goods: while upon 

riean produce and American vessels entering British 

por duties were levied. Thus was the trade of the 

aced on an unequal footing. " We wanted 

id would not take the produce of 

ange, without subjecting it to heavy da; 

enable young 

qua! opei 

•licy. ire a 

aural labor. To 

up- 

in England t i 

ting 
> nts 

'y added, will buy of the 

farmer fa for 

irket abroad; and in oi 1 it 

■ bushel 

$ 1. v and durii \ 

Show, l'v e i 

be two co ■;. the 



152 citizen's manual, 

to the British government; or, which is the same thing, he 
must sell it for so much less than its value to the British 
purchaser, who pays the duty to that government. 

§ 3. The people of this country bring nearly all employed 
at that time in agriculture, and consequently dependent upon 
foreign markets for the sale of the surplus products of their 
labor, they were compelled to submit to these duties. As 
the result of this system, the consumers in Great Britain 
obtained their supplies partly at home and partly from abroad; 
and the British government thus accomplished the two-fold 
object, of encouraging and rewarding agricultural labor at 
home, and of drawing a large revenue into its treasury by 
taxing the same kind of labor in this country. 

§4. Not possessing the means at that time of manufac- 
turing to any considerable extent, the country ded 
with goods from Ghreat Britain, for which our citizens must 
either pay in money, or in produce heavi] ed with 
duties, llence, some measures for regulating foreign t: 
became necessary. But congress had nut the power to i 
ulate commerce; the power belonged to the Btatea The 
states, acting separately, could not effect the object desired; 
and they were unable to agree upon any general system of 
measures. 

§5. A convention, to consist <>f commj from the 

several states, was at length proposed for the purpose of 
providing some remedy for the evils complained o£ Com- 
missioners from some v( the - ssembled; but lor the 
want of the requisite power, nothing was accomplished It 
was now apparent, that a change in the government must be 
made before any effectual remedy for the evil could be ] 
vided. And as certain other changes in the government 
had been found necessary, congress, having been thereto re- 
quested, called a convention to revise and amend the articles 
of confederation. The labors of that convention resulted in 
the formation of the present constitution, in which we iind 
the power to regulate commerce placed near the head of the 
list of the powers granted to the general government. 

j 4. Why could no relief to the country be at that time provided? 
§5. How was a remedy first attempted? How was it afterward 
effected 1 



UNITED STATES GOVERNMENT. 153 

8 0. Tr has just been remarked, that the two powers " to 

lay duties n and " to commer na to hare a 

former 1. trry into 

f the means I j winch it was in- 

r of 

them, and to od aid our own 

ciQ2 upplying the deficiency by manufacturing for 

tnems . s. 

i tended to be used 
> this purpose, app ■ by con- 

r the present 

• luties i 

and and for purposes, one of which 

. •• the encourag ind protection of 

domestic manufactures." Ji v uch regulations of her 

that England had strengthened her manufac- 

tunng i and acquired such advantages over other 

Rations; and it was intended by the adoption of a similar 

policy, to render this country less dependent upon others. 

r, however, here to observe, that, for 
many years, congress did not find it necessary to exercise 
this • a wry great extent. Soon after the constitu- 

te into effect, the principal nations of Europe became 
I in war, in which England a] ivoived. A la 

c tuntries having been with- 
cultural pursuits I 

soil; 

vitli manufaci a abroad. 

I in Europe, and 
ned to their w mploym in- 

I for our breadstu ;\nd the 

- of largi 

;l the 
- 
$ 7. From what do 

. 

in 18162 

7* 



154 citizen's manual. 

be experienced. Congress now deeming it nee 

ercise, to a greater extent, its pen 

discouraging and encouraging don .mi- 

factures, commenced i 

year 1816. Although du 

oles, the great i; 

§ 1<>. 

■ the like 
aad iron wai 
Manufacturi 
country ; — with 

A h i drawn 

manufacture 

consumi 

market has I ted at i 

grain, meat, and other produ ^ricultural ial 

is usually required to supply all 

§11. Wh< ther this i y the 

commerce of r nation, or 1 our count 

this policy fori 

tesmen diffi r in opinion — i 

arc given principally to show the 
powers to laj 

§ ' -• ( '■ 

at this ] 
might a I 

injurious to those of othi 
under the c< and to i 

mony, and to secure equal jn 
states, which could be done only by one uniforo 
the whole, this power was given to the general governmi 

§ 10. What has since been the policy of our government? What 
is the present condition of the country? §11* 
people unanimous in ascribing our prosperity to tL 

V \'l. Why was it necessary to give congress the power to regal 
trade between the states? 



UNITED STATES GOVERNMENT. 155 

§ 13. Under the power to regulate commerce, cor. 

■ : o - — laws relating hip- 

ping of the nation. These laws requii 

ribe the 
nner in which I j enrolled red, and 

and in which th< enter and le;r and the du- 

ring wha they are 

to cany, 

§ 1 ■:. \- for the 

revenue arising from foreign commerce. 

There is, in i 1 of entry, a colli who 

superintends the collection of duties. When a vessel arm 

it is submitted, with _• >, and all papers And invoices, 

offie rs; and the goods sub- 
luty are weighed or - l. and the duties estimated 
according to I 

j 15. On some articl tfic duty is charged, which 

duty of a certain amount on a pound, yard, or gallon; 
as, two cents on a pound of iron, or fifty cents on a yard of 
th. Others are charged with an ad valorem duty, which 
ins a duty according to the value, being a certain per- 
centage on the value of an article; as forty per cent on 
what costs one dollar would be forty cents; or thirty per 
cent, on one hundred dollars would be thirty dollars. In 

_ ■• d upon foreign \ 
. which are duties ertain amount . of the 

Jl this bus ■ amount of I 

. men in 
busi s importation i I the 

The 
from cusl in the United 

am. much varied by 

. rant of z 

$ 14. Wh; 

whom, and h "■' $ 15. VJ 

laid npo 
- 
reremiechj 



156 citizen's manual. 

about $25,000,000. Besides this, a considerable sum is 
annually received into the treasury from the sale of public 
lands. These two sources produce nearly the whole revenue 
of the nation; from which are paid the salaries of officers, 
and other expenses of the general government. 



CHAPTER XXXI X. 

POWERS OF THE GENERAL GOVERNMENT, IX RELATION TO NAT- 
URALIZATION', MONET, COPT-RIGHTS AND PATENTS, PI1 
6ir. } WAR, MARQUE AND REPRISAL AND THE <T OF 

COLUMBIA. 

§1. Another power given to cong r "to 

establish a uniform rule oj naturalization." h Ins already 

been stated, that foreigners, or aliens, are not entitled to the 
privileges of citizens till they become naturalized. Bel 
the constitution was adopted, i wry state establis >wn 

rules for naturalizing foreigners. But as a person, on being 

made a citizen in any Btal ea a citizen of the United 

States, it is evident that there should be but one rule of 
naturalization. 

§ 2. An alien must have lived in the United S 
years before he can become a citizen. Two yea he 

is admitted as a citizen, be must declare, on oath, in writi 
before a proper court, that he intends t<> become a cit: 
of the United States, and to renounce bis allegiance to his 
former government; and he must declare, on oath, that he 
will support the constitution of the United States. Then, 
two years thereafter, the court, if satisfied as to his moral 
character and his attachment to the constitution, may admit 
him as a citizen. 

§ 3. On his being naturalized, a man's minor children, if 

§ 1. Why was the power to establish a rule of naturalization given 
to congress? § 2. Describe the maimer in which an alien is made 
a citizen. 



UNITED STATE? GOVERNMENT. 157 

dwelling in the United States, also become citizens. If a 

man has lived at least three years in the United States 

. he may, at the ex] iratiou of the 

admitted by the court, without 

ly made a declaration of Lis intention to 

money and regulate tie: value 
tht Formerly tin* sys- 

pounds, shillings, and pence; the 

which w es. For instance, 

in the made a dollar, in 

New York eight, in Pennsylvania seven shillings and six- 
pie of differ- 
ent nient The present decimal mode 
of calca tra and c stablished by congress, 
r with the use of decimal coins, has removed the 
venience. 

hied at the mint, in Philadelphia. The 

busi ing is under the superintendence of a direc- 

The principal persons employed under him are a treas- 

. a chief coiner, an engraver, and a meltcr 

iner. The gold and silver before it is coined, is called 

bullion. Individuals, as well as the government, may get 

1 at th<' mint. Gold and silver are also coined 

at New Orfc ins; I, to some extent, is coined atChar- 

h Carolina, andDahlonega in Georgia 

s, '* t<> promote the pro- 

r, by 8t curing, for limit- 

Ike exclusive right In tin. ir n *p< dive 

{ rseful arts and sciences arc much 

j, and by new books. 

man had th< • of printing and selling 

would be little encouragement 

- is often done, years of lal 

in pi ;• the public. Nor would men of 

$ 3.. II v) I. Wlr power to 

coin moiv g late ita i . i to coultc^'.' Wh 

\ '). Wnen ii ill. (1 huMc 

$6. poee are exclusive rights seourod to authors and 



158 citizen's manual. 

genius be likely to spend their time and money in inventing 
and constructing expensive machinery, it others had I 
same right as the inventors to make and sell the same. ( ' 
gross has therefore enacted laws for the \> 
and inventors. 

§7. The exclusive right of an author to the 1 
the printing and sale of his b - caQed cq a 

right, and m obtained thus: The audi"! 
of the title of his book to the clerk of the district court 
the United States of the district in which the author resi 
The clerk records the title in a book, for which he 
fifty cents, a the author, under the - 

a cop}- of the record, for which also he n i 

§8. The author must also, within three months after the 
publication of the work, deHv< j of the same to 

clerk of the district court. And he must cause to be prin 
on the title page or page immediately following, of er< 
copy of the book, words showing that the law has been com- 
plied with. (See the 2d page of this book.) This secures 
to the author the sole right to print and sell his work for 
twenty-eight years; at the expiration of which time, he I 
have his right continued for fourteen years longer, by again 
complying with the requirements of the law as before, pro- 
vided it be done within six months before the expiration of 
the first term, and a copy of the record published m a news- 
paper l\<v the space of four weeks, 

^ i). [fan author disposes of his interest in his work 
before a copy-right is secured, the person becoming the j 
prietor of the work procures the copyright in his own name. 
A proprietor or owner of a copy-right may at any time I 
and assign his right to another person ; in which case the 
assignment is to be recorded in the office whence the light 
was issued. 

§10. Patents for new inventions are obtained at the patent 
office at the seat of government, which office is connect* d 
with the department of the interior. (See Chap. XXXV, § 4.) 

J 7, 8. How is the copyright secured? and for what term? For 
what additional term, and how, may the right be renewed? $ 9. May 
a copyright be transferred? Plow is it secured to the purchaser? 



UNITED I OYECXMK 159 

The oomn 

patents, under I ition of I e interior. 

i invention, the inven- 
a written 

. :ul he D 

§11, 1, he 

U the commissioner, 

find that the invention had been 

Patents are 

■Wed 

•r has nut 
lion. 

• 
I bery or ion upon the high seaa But the 

term denned by the laws of England ; 

and its meanii is in the different states; I 

- applied to capital offenses only; at others, to all 
le imeanor. For the sake of uniformity, the 
is given to and as 

■vn limits, 

rell as 

. 

with equal 

irded 

d not 

wernmeni 

tnitted 

on th 

i 



160 citizen's manual* 

§ 14. The power " to declare war" and the powers relat- 
ing to the public defense, are all properly given to congi 
It would be dangerous to allow a single state to make war; 
and to depend on the state governments to provide the 
means of prosecuting a war, had already been found to be 
unsafe. And as the people of all the states become involved 
in the calamity and expense of a war, the power to declare 
war ought to belong to the representatives of the Ration, 

§15. Congress has also the power u to issue Ittd 
marque a lt <J reprised" Marque means j the froal 

or limits of a country; r<j>ris'iL taking in return. Letters 
of marque and reprisal gii injured by citizen! 

another nation, the liberti •■ the bodies - of 

any of the citizens of such nation, and detain them until - 
isfaction shall he made, h is not clear that such lie. | 

ought ever to be given. Although it i> designed to enable 
citizens of one country t<> obtain redress for injuries commit- 
ted by those of another, without a resort to war, its tendency 
is to provoke rather than prevent war. Besides, it does not 
appear just to sieze and detain the bodies or goods of unof- 
fending persons. If the power to grant such license is ever 
to be exercised, it is properly vested in congress. 

§ 1G. Congress has power " to exercise exclusive legislo 
over xucJ, i district (not exceeding ten miles square) < 
by cession of particular staU . 

ment" The "ten miles square," ss appears from the lan- 
guage o^ the clause, was not yet in >n of the national 
government: hut it. was in contemplation, by the states of 
Maryland and Virginia, to cede it t<» the United States for 
the purpose mentioned. As it i> the property of the nation, 
it is proper that congress alone should be allowed to n, 
laws for the people therein. Hie district is called the Dis- 
trict of Columbia, That part of it which was ceded by 

§ 14. Why is the power to declare and cany on war, and other 
powers relating to the public defense, given to congress? § 15. Define 
marque and reprisal. What ii°fht is conferred by letters of marque 
and reprisal t What objections are there to the exercise of this power? 
§ 1G. Why ought congress to have power to make laws for the 
District of Columbia? 



UNITED STATES GOVERNMENT. 161 

Virginia to the United States, was in 184G retroceded by 
congress to that state. 

§17. Several of the powers enumerated in the section 
which contains the foregoing, have been passed over without 
remark. The necessity of these powers in the general gov- 
ernment, and the propriety of vesting them in congress, will 
appear from a bare perusal of them. 



CHAPTER XL. 



POWER OF THE GENERAL GOVERNMENT^ IN RELATION TO TREA- 
TIES, APPOINTMENT OF PUBLIC MINISTERS, JUDGES, <fcc. 

§ 1. An essential power of the general government is the 
power "to make treaties." This power is exercised by the 
president, u by and with the advice and consent of the senate." 
A treaty is an agreement between two nations. Treaties are 
made to restore or preserve peace, and sometimes to regu- 
trade, between nations. It is plain, therefore, that this 
rer ought to be in the national government In mon- 
archical governments it resides in the king. To confide so 
trust to the president alone, would be imprudent. 
the house of representatives with the president 
and as in the enactment of laws, would render it im- 

: with the decision, secrecy, firmness and dis- 
patch, which are sometimes necessary in negotiating treaties. 
The power of making tn aties, being neither wholly 
i utive, nor wholly legislative, but partaking of the nature 
of both, a p<-/rt of the legislature — the body combining more 
of stability, energy, and experience, and, from its being less 
numerous, capable of acting more promptly, as well as being 
re easily convened, and at less expense — appears to be 
sociated with the executive in the exercise of 

$1,2. By whom arc treaties msdel "What is a treaty. State the 
reasons here given for constituting this DOWSf as it is? 

7 A 



162 citizen's manual. 

this power. So the power " to appoint embassadors, minis- 
ters," or other agents, by whom treaties are negotiated, teem* 
to be with equal propriety placed in the same hai 

§ 3. In making a treaty, the terms are arranged and 
agreed upon by the agents <»f two governments; and the 
articl"s of agreement are Bent t<> their respective govern- 
ments to be ratified. J5<>th governments must i 
treaty fails. What is meant by the president and 
making treaties, is their approving and 
is usually called, ratifying them. T* 
negotiated by persons appointed by t!i<- two govermm 
for that special pwpoae; at <»;h<T times by the permanent 
representatives or minist rnments* 

§4. Each civilized nation has - mae offi 
representative at the Beat of each foreign government* t«> 
transact business for his nation, and to lv » i j 
advised of what is done abroad. Hence, there arc at tli<- 
city of Washington, a minister from Great Britain, <>m- from 
France, and one from Russia, and one from each of the other 
principal governments of Europe and America. And our 
government lias a minister residing at tin- seat of govern- 
ment of each of those countries. The officer of our govern- 
ment who corresponds with foreign ministers, and with our 
ministers abroad, is the secretary of Btate. 

§ 5. Representatives at foreign courts are differently st 
embassadors, envoys, ministers, and cha onv 

monly written charges d'affaires. An em who n 

intrusted with the ordinary business of a minister at a 
eign court, is called an embassador in ordinary. An embas- 
sador extraordinary is a person sent on a particular occasion, 
who returns as s,>on as the' business on which he was sent is 
done. He is sometimes called envoy; and when he has full 
power to act as he may deem expedient, lie is called en 
jplenipotentiary ; the latter word signifying full power. To- 
other resides abroad, and acts in obedience to instruction sent 
him from time to time. 

§ 3. In what manner are treaties made? ^4. By whom, and how, 
is the business intercourse between nations conducted ? § 5. What are 
the different foreign representatives called ? Wherein do their pow- 
ers and duties differ? 



UNITED STATES GOVERNMENT. 163 

§ 0. by the United 

court-, are usually called mil , I to 

the principal i '<//- 

:.i to inferior 

countii b, - ■ with whom less important rela- 

: .. and is pron - ! ar-zha-daf- 

It means a 

lion. 

- ■ >!>. Tin ir bus 

i their r rernments in their commercial 

s, and to pro& ct the 
. merchai their own nation. 

and 
with merchants. Ti rsonal est 

f the V . who die within their 

Qtative or partner in trade to 
of their effi 

isters of the United States receive a salary of 

!•: chargfe d'affaires, $4,500; and both receive, 

, out of the United States, an outfit, equal 

lie consuls receive salaries, others 

depend i - I office. A salary is a fixed sum paid to a 

the year: a fee is the sum paid or 

as lawyer'.- I 

i >ther 
-uls, but i. iwer also, 1 y and 

wil ite, to "i 

r and \;i; i Lher 

Unit not only inconvenient 

isure res] 
ubordinates in the several ex< cutive 

without their CO-operati m and ad' 
\(.ut his own i. intment 

■ 

fai:» 

con.; other 

rs docs lh< 



164 CITIZEN'S MANUAL. 

is properly given to the executive ; and by being required to 
submit his choice to the body of senators, a sufficient safe- 
guard is provided against the appointment of bad men. 

§ 10. Numerous other powers and duties devolve upon the 
president, many of which are similar to those of the governor 
of a state. Such are the folk) wing: (See Art. II, §2, 3.) 
He is " commander-in-chief of the army and navy of the 
United States," as a governor is of the army and navy of a 
state. He has the power u to grant reprieves ami pardons 
for offenses against the United States*" He is required 
from time to time, to give to congress (by message) "inform- 
ation of the state of the union, and recommend measures 
to their consideration; and to see that the laws are faithfully 
executed.'' 



CHAPTER XL1. 



TOWERS PROHIBITED TO THE QBNERAL GOVERNMENT, AND THE 

§ 1. Wiitle the constitution gives all necessary DOW( 
the general government, ii also imp'N'\ both upon i 
and the states, certain important prohibitions. (.See Art. I, 
§9,10.) 

§ 2. Among these prohibitions is one which was adopted 
from a supposed necessity, rather than from a general con- 
viction of its justice. It is the first in the list, and may need 
some explanation. It relates to the foreign slave trade, 
which was extensively carried on at that time. "The i?n- 
portation of such persons as any of the states now existing 

§10. Mention some other powers of the president? 

\ 1. In what part of the constitution is the list of prohibited powers? 
§ 2. What is meant by the words " importation of persons " in the first 
prohibition? 



UNITED STATES GOVERNMENT. 165 

shall t/dnk proper to admit" moans the bringing o( slaves 
into this country from Africa by permission of the states. 
This was u noi to be prohibit I by prior to the year 

B; M thus permitting the trade for nearly twenty years 
certain, ami leaving it to i 33 to prohibit it at the expi- 

:' that time, or Buffer it to continue. 

izens were engaged in 

the slave trade, were unwilling to relinquish the business. 

inserted in the constitution immediately 

bibiling this trade, a number of the states would have 

reft lopt it. As will he seen by the last article, it 

1 1 into effect until ratified by nine states; and as 

it could he binding only upon those states by whose conven- 

fied, it was deemed inexpedient to form 
a union composed of less than that number. In order, 
ther ore the ratification of the constitution by the 

requisite number s, many of the delegates who Avcre 

in favor of prohibiting the slave trade, consented to tins tem- 
porary restriction upon congress, in the hope that congress 
would abolish the trade at the time specified. 

§ 4. In pursuance of this provision, congress exercised its 

•r the abolition of this cruel and inhuman traffic, at 

the earliest possible period. A law was passed in 1807, to 

:t in 1808, making it unlawful, under severe pea- 

- into the United I and in 1820, 

trade was, by an act of congress declared 

. tnd punu . death. 

■ fats shall he 

A hill o/attamdi r i> an act of a legislature, inffict- 

ihment of death upon a | • rson | ronounced guilty 

• crime, without trial. If it inflicts a milder punish- 

I bill of pains and penalties. 

&6. An ex post facto I""' is, literally, a law which has 

an act after it is done. It here means a law to 

i ad thai was lawful when it was done 

Thus, if a law should be . by which a man should 

• r death for an act of justifiable homicide committed 

$3. Why was a provMion permitting this inhuman traffic illowedl 
. when, did euog W hafl b a bill 



166 citizen's manual. 

before the law was made, such would be an ex post facto law. 
A law is also an ex post facto law that inflicts a more severe 
penalty for an vnhnrfnl act, that was imposed for such offei 
when committed. Tims, if a law w< , 1 to-day, re- 

quiring that men awaiting trial fur petit larceny heretofore 
committed, should, on conviction, suffer death, or imprii 
ment in state prison, such law would be an ex j osi facto law. 
Petit Larceny nut bring thus punishable when the 
was committed, a more severe penalty could nut !)<• i 
after its commission. 

§7. "No capitation or other direct tax shall 
in proportion (<> the census or di- 

rected i<> he taki n." | ■ i Tii- i 

tion is derived from tie- same Latin word as capital, which 
has been defined. (Chap. XXX, j ; ;.) h is a tai <>i a i 
tain amount upon every head or poll, without to 

property; hence it is usually called a poll-tax. The above 
clause means, that if poll-taxes, which are a kind of dn 
taxes, should be laid in pursuance of the 3d clause, 2d - 
tion, and 1st article of the constitution, only three-fifths of 
the sla\es are to be counted. Poll-taxes are not laid to any 
great extent, in any of the states. Jn some, perhaps m< -4 
of them, a part of the highway labor is thus 1. and i^ 

the only poll-tax laid. 

§8. "ITo attainder of treason shul! work corruption of 
blood or forfeitur during thi !'</< of th «t- 

tainted" ^\>\\<. Art. Ill, ^ .", cl. 2.) To tic- young reader 
this sentence may need explanation. Literally, attain • 
means a taint, or staining, or corruption ; hut it here f 
the same as judgment, or conviction. By the common law, 
the stain of treason was made to affect the bloodoi the trait 
so that he could not inherit property himself, nor could his 
heirs inherit from him; but his whole forfeited. 

The constitution properly abolishes a law by which the inno- 
cent were made to suffer for the crimes of other* 

§ 9. Besides corruption of blood and forfeiture, the manner 

§6. What is an ex post facto law? Give examples of such a law. 
§ 7. What is a capitation or poll-tax ? What is the meaning of this 
prohibitory clause? § 8. What is attainder of treason? Corruption 
of blood? * What is the object of this clause? 



UNITED STATES GOVERNMENT. 1G7 

of inflicting the punishment waa most disgraceful and in- 
human. The offender was drawn to the gallows on a hur- 
dle; banged by the neck, and cut down alive; his entra 
id burned while be yi ive; bis head cut 

and his body quartered. Power being given to congress, 
in i - fi m d to, "i ishnu ni 

-I this barbarous practice. 

- tlif punishment 

5 10. igainst t. as defined by 

only in levying war against them, 

g tin m aid and com- 

A. gener oatrue crimes of a less 

►n, rendered ii pr« 

should define the crime. An assem- 

' men for >nable purpose, such as war against 

:\ of any of its territories, and 

ion to make such war, constitutes a levying of war, 

;J l I. War can be levied only by the Employment of fore ; 

ii >ps must be embodied; men must be openly raised; but 

there may b son without arms, or the application of 

the object. To march in arms with a force mar- 

irrayed, committing acts of violence, in order to 

r. signation of a public officer, and thereby to 

- high treason. When 

i. all who perform a pan, howevi r remote from 

I leagued in the conspiracy, commit 

to levy war i- not treason. 

in vi --nable purpoi 

tneanors. 
>erly prohibited from d 

Art. I, J l o.) on.- ,,!' the things there 

ten if debts." This means that no pel 

out -f"r treason inflicted by the common 

(\ in. Why ix ilx- power 

' li. \\ hat constitub 
Wha :. What ih meant by 

ma] 



1G8 citizen's manual. 

shall be compelled to take in payment of a debt any thing 
tendered or offered to him but gold and silver coin. 

§ 13. Both during and after the war, a large amount of 
paper money, almost worthless, was put in circulation ; and 
by some of the states, tins money was declared to be a tender. 
Hence the propriety of this prohibition. But the constitution 
goes farther, and says, (in the same clause,) that no stat<' 
shall "emit bills of credit;" that is, issue paper money on 
the credit of the state. Bank bills are not issued by the 
state, but by banking compani 

§14. The states Bit forbidden also to pass any u lam 
impairing the obligation of contracts" Laws that would 
weaken the fa-co of a contract, or release men from their 
obligations, would he contrary to the principles ofjustiee^ and 
give insecurity to the rights of property': they are therefore 
with great propriety prohibited. Jn the list of prohibited 
powers are several others, but a particular notice of them is 
deemed unnecessary. 



CHAPTER XLII. 

MISCELLANEOUS PROVISIONS. 

§ 1. " Full faith and credit shall be given in each state to 
"t&C public acts, records, and judicial proceedings of every 
" other state" (Art. IV, § 1.) One object of this provision 
is to secure justice to judgment creditors in case of the re- 
moval of their debtors into other states. A person against 
whom a judgment has been obtained by due process of law, 
may remove with his property into another state, where, in 

§ 13. Why was this prohibition inserted? What are bills of credit? 
§ 14. Why should laws impairing the obligation of contracts be pro- 
hibited? 

§ 1. What is the object of the provision concerning the public acts, 
records, <L r c, of the state? Show its necessity. 



UNITED STATES GOVERNMENT. 169 

consequence of the remoteness of his residence from that of 
the wit • of the death or removal of material wit- 

be would be beyond the reach of justice by a' new 

iiring 

art in which the judgment was had, 

I in evidence, and have full credit, in every 

bin the 

Bui there an- numerous other cast - which tin's pro- 

\ 1 1 rtificate under seal of the 

osmitted to any state 

in the union; and wherever it shall be received, it shall be 

of the facts therein stated; provided, that 

judicial proceeding be 

accompanied by a certificate of the presiding judra or jus- 

• that th< I the clerk is in due foim A 

rislature must have the seal of the \<d 

to be entitled to credit in another Btate. 

" The ch < ach state shall be entitled to all the 

-ties and privileges of citizens m the several states. 1 * 

(Art. IV, § 2.) This means that the citizens of any state 

ng into other states, shall not, by the laws of those states, 

be d i f any of the privileges of citizens ; or that no 

state shall pass laws bestowing upon its own native citizens 

s, which might not be enjoyed by natives 

B coming into such state. 

les for appre- 

• om 

• tati ." The governor of 

m which rr.jui-i 

in which he is found, demand- 

nveyed bad 

trial. Wi ach authority to apprehend criminals, 

the most atrocious crimes might mitted with impunity, 

• , by taking 

section it is provided, tb ram 

$2. What otl J 3. wiint 

| 1. How aro fu- 

»-3 from justice apprehended in other stat- 
8 



170 citizen's manual. 

" held to service or labor in one state, (meaning a slave,) es~ 
" coping into another/' shall not become free by any law of 
the state into which he flees, "but shall be delivered up on 
"claim of the party to whom such service or labor mag be 
"due" meaning his i Before the constitution was 

adopted with tins provision, a into a non- 

slaveholding state became free, and could not be reclaimed. 
The owner of a runaway sla^ [ him in one of the 

free stat< ts him an 

and if lie proves his fide to I b oi 

the magistrate, tb up to the <» 

claim:; i.l. 

§ 6. The 3d section of the 4th ar 
the potfi-r to adn ision 

was deemed t 01 national 

territory id by the nance of 

the power here granted, a numb txom 

new territory, nearly equal to the numl 
been admitted. Four states, Vermont, Kentucky, T 
and Maine, have been formed from - To the \ 

extent of territory belonging to the United States, a lai 
acquisition has recently been mad< : all of which, suffici 
for an indefinite number of n< -v. ined, at 

some future day, to be formed int i dmitted into 

tlie union. 

§7. By tli" 4th secti m of the 4th b 
eminent is bound to " 
" a republican fc 

"them against inv Ic violence" ] 

of a power to prevent a slate from < ! em- 

inent is self-evident: and it ii ate, 

when invaded by a foreign enemy, or in case of an insur- 
rection within its own borders, should have protection and 
aid from the general government; especially as the states 
have surrendered to it the right of keeping troops or ships of 
war in time of peace. (Art. I, §10.) 

§ 5. Who are meant by persons held to service or labor? § 6. Why 
was power given to congress to admit new states into the union? 
What has been done under this power? § 7, What does the 1th sec- 
tion of the 4th article of the constitution provide? 



UNITED STATES GOVERNMENT. l7i 

§ Q . The 5th article pi the mode of 

constitute Ej e the article.) It wfll be seen that by this 

mode, amendments are effected with great difficulty. The 

or of t\v<>-t]iinls o( tlie 

Bmendme&t) 

will seldom fa L And then amend- 

tified by legislatures of three-fourths of the states, or 

Dtionfl in three-fourths of them, would be still more 

difficult Had an easy mode of amendment been provided, 

urn, r improper all ten tly made, 

and the permanency oi the oonsttto 

: electing coresident and 

-president, is the only alteration that lias been made of 

any That changi by the 12th 

article of amendments. All the preceding articles called 

amendments, are wUiiions rather than amendments, being 

intended as a declaration or positive guaranty of rights which 

many supposed were already sufficiently secure, and needed 

no constitutional enactment to make them so; but which 

ranty or declaration was desired by others, to place the 

rity of these rights beyond all question or uncertainty. 

10. The 1st clause of the Gth article, is an acknowled. 

3 ition of the government to pay u att << 

"contra' the constitution" As has 

.1 borrowed large sums of moo 
hich it had not the power to prori 
and I by a ch 

q for fulfilling the 

Hay the 
in 

ostitution, 
made under be 

ad laws. H it v, i 
t bound I ti- 

thing would have b 

■titdtlOD contain? 

rtedi 



172 citizen's manual. 

gained by the union. If the laws made by congress were 
not to be the supreme law, why give congress the power to 
make them? Or if treaties could be nullified by any power 
in a state, why was power to make them given t-j the gen- 
eral government? Hence, the judges are 
bound by the laws and treaties erf the Uni aat- 
ever may be found in the, lav. LStitUtion of B 
to the contrary. 

§12. By the last article, 1 titution, whenever rati- 

fied by the conventions of nin< abHshed 

between the Btates bo ratifying it The frarj 3 id their 

labors in September, 17^7: and in July, l- Hamp- 

shire, the ninth slate, Bent its ratii Con- 

gress appointed the first Wednesday of January, L789, tot 
choosing electors of president in the several states, and the 
first Wednesday of February for the electors t<» meet in their 
respective Btates to elect the president Gen. Washington 
was unanimously chosen, and on tin- 30th of April was in- 
augurated president. Proceedings, however, comma 
under the constitution on the 4th of March, precedin 

§ 13. The ratifications of North Carolina and Rho le Esl- 
and were not received by congress until the followii 
The ratification of the former n red in January, 1700; 

that of the latter in June of tin ar. 

§14. In the foregoing sketch of the government <>f the 
United States, mam- provisions of the constitution have been 
passed over without remark. Neither the objects nor the 
intended limits of this work, would admit of an extended 
commentary. To the student who shall have become famil- 
iar with this elementary treatise, and who shall desin 
pursue the study of our constitutional jurisprudence, 
author would recommend the perusal of Story's Commen- 
tary on the Constitution. 

§11. What does the 2d clause of the 6th article declare? Why 

should the laws and treaties of the United States control the laws 
and courts of the states? §12. The ratification of the constitution 

by how many states was necessary to its establishment? When was 
the ratification of Xew Hampshire, the ninth state, received? When wa> 

the first president elected ? When did the new government com- 
mence? § 13. Did all the states ratify the constitution before it went 
into effect? Could it have effect in states not ratifying it? 



COMMON AND STATUTORY LAW. 173 



COMMOfl AND STATUTORY LAW. 



CHAPTER XLIII. 

RIGHTS OF PERSONS FREEDOM OF SPEECH AND THE PRESS 

HABEAS CORPUS LIBERTY OF CONSCIENCE. 

§ 1. In the foregoing chapters, we have taken a general 

rnment of a state, and of the government of 

the United Statea We have seen how, in each of these 

. the several departments, legislative, executive, 

and judicial, are constituted, and what are the powers and 

duties of the officers in these departments ; and how the 

ire conducted. And 
rnment 
•11 adap; v which it was es( 

d — to _ liberty, and to | the 

ledge of the general principles and the 
letpre of inner in which 

. le and administered, to lit the 

citi/ • ivil and social dutiea We therd 

- which m 
larly the duties, of citiz 

in tl. 

which tt "f citizens arc secured, 

$1. v. t>m the view we heme taken 

farther knowledge is m 



174 citizen's manual. 

laws, the laws enacted by the legislature, and duly pub- 
lished; secondly, the common law, which is not a code of 
written laws enacted by a legislature, but which consists of 
rules that have become binding by long usage and general 
custom. The common law of this country is the same as 
that of England, having been introduced and established 
here while the people were subject to that country ; and it is 
still considered the law in all cases in which it has not been 
altered or repealed by constitutional or legislative enactments. 

§4. The rights of Citizens are either rights of person of 
rights of property. By the right* of person, ox personal 
rights, we mean the right to be free to think, speak, and act 
as we please, and the right to be secure 1 from injury to our 
bodies or persons and onr good names. The right of prop- 
erty is the right to acquire, hold, and enjoy property. All 
laws may therefore be considered as being intended t<> ><rure 
either the one or the other oi* these chfisea of rights. 

§5, Among the most valuable rights of person is the 
right of every citizen " freely to speak, write, and publish his 
sentiments " on all subjects; usually termed, u the liberty of 
speech and of the press" The word preto is here used in 
its more comprehensive sense, denoting the general bush. 
of printing and publishing: hence, the liberty of the prea 
the free right to publish books or papers without restraint, 
except such as may be necessary to prevent infringements 
of the natural rights of other men. 

§ 0. It was formerly common am<>ng the monarchical gov- 
ernments of Europe, to prohibit persons from speaking against 
the sovereign or his government. Books and papers could 
not be published until after they had been examined and 
approved. The person authorized to examine the manu- 
scripts, were called censors. With the progress of free 
principles, however, these restrictions upon the freedom of 
speech and of the press have been in some of those countries 
essentially relaxed or entirely removed. 

§3. By what laws is social intercourse regulated? What are statute 
laws, and the common law? $ 4. What is meant by the terms, rights 
of person, and rights of property? § 5. What is liberty of speech and 
of the press? § 6. What restrictions upon this liberty formerly existed 
in other countries? 



COMMON AND .STATUTORY LAW. 1 T 3 

hich 

- 

du< I 

bey 

. the 

• 
hen in words wril 

r in 

i do 

suit 

r, a man is liable 

only for damages in a civil action; but i is 

. but he may also be 
indict^cl and for other public often- 

id, the li' 

cut jury 

nth 

_ 



176 citizen's manual. 

motives and for justifiable ends, the party shall be acquitted." 
In the state of Vermont, however, and perhaps a few other 
states, if the party prosecuted proves the truth of his state- 
ments in any case, lie is acquitted. 

§ 11. Another valuable personal right is the privilege of 
the "writ of habeas carpus." This is a Latin phrase, and 
means, have the body. This privilege was long enjoyed by 
the people of Great Britain before the settlement of the 
colonies, and by the colonists as British Bubjects, to the time 
of their independence. It was natural, therefore, that the 
latter, in establishing governments for themselves, should 
insert in their constitutions a provision guarantying so valu- 
able a right. 

§12. A person committed, confirn trained of his 

liberty for a supposed criminal matter, or under any pretepse 
whatsoever, may, before the final judgment of a court is 
pronounced against him, petition a competent court Orjud 
stating the cause of complaint. The judge then issues a writ 
against the party complained of, commanding him to bri 
before the court or judge, the body of the person confine 
and if he shall refuse to do so, he may be imprisoned. If, 
upon examination, it appears that the complainant has been 
illegally confined, the judge may discharge him. 

§ 13. Liberty of conscience is the liberty to discuss and 
maintain our religious opinions, and to worship Gk)d in such 
manner as we believe most acceptable to him. History 
informs us of countries in which the people have been prohib- 
ited the enjoyment of this most valuable of all human rights. 
Even in some called Christian, thousands have been put to 
death for the expression of their religious opinions. 

§ 14. But the rights of conscience are now more exten- 
sively tolerated. In some countries, however, there is still 
an established religion; that is, some religious denomination 
receives the support of the government, as in Great Britain. 

§ 11. From what country was the privilege of habeas corpus intro- 
duced here? Define habeas corpus. § 12. In what cases is this writ 
granted? "What are the proceedings under it? § 13. What is liberty 
of conscience? Can you name any countries in which persons have 
suffered death for their religion? § 14. Name some countries where 
any form of religion is patronized by government. 



COMMON AND STATUTORY LAW. 177 

This is called M a union of church and state." But in this 
country, the government does not interfere in religious mat- 

: y denomination, " without dis- 
criminati 'eference, the free and enjoyment 

ip." 



[AFTER XLIY. 

DOMESTIC RELATIONS MfARMAQB, AND THE RELATION OF 

-D WIFE TALENT AND CHILD GUARDIAN 

m WARD. 

j 1. To make a marriage contract binding, several things 
are: y: (1.) Persons must have sufficient understand- 

.nsaci the common business of life; hence, lunatics 
and idiots can not bind themselves in marriage. (-2.) The 
must not be nearly related to each other. The laws 
of i: aerally declare at what degrees of relation- 

ship are forbidden to marry. (3.) Persons must be 

sufficient age. \n states where the age of consent, (as it 
fixed by statute, the common law must 

of ; i of tw< 1'. 

li the c iias 

fraud* thr> marriage may be 

duel:.. 

j a wife or husband living, can not 
. ;ept when the (bra 
I to imprisonment i ; »r 
r, and t! 
that the absent party was In 
inner marriage b 
law . oiled or But if a mania 

$ 1. What tliii. 
6* 



178 citizen's manual. 

dissolved for the cause of adultery, the guilty party may not 
remarry. Marriages forbidden by the preceding provisions 
are void, and may be so declared by a competent court. 

§ 3. The manner in which marriages are to be.solemj 
and by whom, and the manner in which marriage lice] 
are obtained, or notices of marriage publi 
required in some states,) I 

states in which such regulations exist Marriages mai 
solemnized by ministers of the 
peace, beside 
the parties, declared 
lawful. 

§4. The husband and wife arc in Ian 
person. By the< 

property of the wife which si . He 

has a right to the use and proGts of h 
his life, if he shall di 

takes the estate again in her own right IT tl 
first, and there are no children, her 1. irs imn 
the estate. If th 

the estate for life; and on his death ; 
her h 

§ 5. A husband can not s< 
unless she joins with him in the But her chatl 

real, which are If 
including debts due her I 
collected by him, 

as lie pleases; and they ution for 

debts. If h ! in his 

life time, he can i ill; and bl 

his death, takes them in her own right. It' he shall survive 
his wife, he acquires an absolute right to th 

§ 6. This provision of the common law which gives to the 
husband the possession and disposal of the property of the 

§2. In what cases may a person many a second time, whil 
former wife or husband is living? §3. How J 

and by whom solemnized in this state? $ 1. By the common law, 
what right to a wife's real and personal estate does a husband acquire 

by marriage? §5. How far is the property thus acquired at his dis- 
posal? 



COMMON AND STATUTORY LAW. 179 

wife, has been repealed by special enactments in several of 
the - By these state laws, the real and personal prop- 

erty o( the wife owned by her before marriage, or lawfully 
coir* ber by any other person than her husband after 

marriage, together with the rents and profits of such prop- 
to be her own, and not liable for the debts 
of her husband; except that the property of a wife owned 
by her at the time o( the oi the law, is liable for 

his d -.traded before that time. 

j 7. A- the husband, where the common law prevails, 
acquires, by marriage, an interest in his wife's property, he 
bilged to pay her debts contracted before marriage; but 
if they are : wred of him during coverture, he is 

dis< i/'tare, in law, is the Btate of a married 

sidered as under cover, or under the power of 
her husband. 

It is the duty of the husband to maintain his wife ; 
and he is bound to pay debts which she may contract for 
i.'Ut for nothing more. And it seems to be the 
law, that even if he forbids all persons to trust her, she 
can bind him for necessaries, if they have become separate 
through fault on his part. If they part by consent, and he 
secures to her a separate maintenance, and pays it according 
raent, he is not answerable even for. necessaries. 

husband and wife can not be an i for or 

. other in a court of justice; but any declarations 

whi of her hus- 

bim. 
l r is tli<- natural and reasonable 
dur lucate their children, until 

suitable ag ride for themselves, Tin* 

guardians of their 
chi! . which is called the age of 

majority, wh id to be of age. Hence, under 

$6. V : Has 

Ear is a husband lia- 
. >> 
La contract <l by a wife after maniag 

other? $ 10. .\t 
what ag- 3 and children o 



280 citizen's manual. 

twenty-one they are in law called infants, or minors, and aro 
said to be in a state of minority. In Vermont and Ohio, 
females at the age of eighteen years are of age. 

§ 11. As parents are bound to support their minor children, 
they have a right to their labor; and they may the 

money for the wages of their children, from any person em- 
ploying them without their | t. A para 
not bound to pay even for lie. - sold to a child, un 
a child had authority from the parent, or unless the parent 
neglected to provide for the child, 

by severe usage. When a child is rapport him- 

self, he is entitled to h 

§12. A second husband is not bound to support the chil- 
dren of his wife by a former husband. I:'. ho^ 
receives such children family, he is liable to sup] 

them as his own. 

§13. Guardian and Ward ber is the natural 

guardian of a child, and after his death, tie- mother. Bu1 a 
father may, by his deed, or last will, di the CUSl 

and tuition of a minor child, while under twenl 
to another person, who then has the care and i aent 

of the minor's personal estate, and of the profits of his real 
estate, during the time for which the disposal was m 
Such person is then guardian, and the child is called ward 

§14. If the father dies before the child 
not by will appoi iiardian, the mot] the 

guardian of the child, and in some his property I 

until he arrives at th< fourteen y< ars, when he may 

choose a guardian lor himself When an infant I 
possessed of an estate in lands, if there is no father, the 
mother has the guardianship of the estate; audit the; 
neither father nor mother, then the nearest and elde.sL rela- 
tive takes the guardianship of such estate. 

§ 11. How far is a father liable for his children's contracts? § 12. In 
what case is a second husband bound to support his wife's children 
by a former husband? § 13. How may a father, dying, dispose of the 
custody of a minor child? § 14. If a rather dies, who becomes guard- 
ian of the child and his property? What rules concerning guardian 
and ward exist in this state? 



COMMON AND STATUTORY LAW. 181 



BAPTBB XLV. 

fflHl "D BKBYAB 

Si, Minors. The statutes of the several states do not 

how far min< ind themselves by contract or 

QiuoD law must determine. 

id by a bargain which he may 

\ to fulfill a 

which he made while a minor, he must do so. And 

if lie lias no father or other guardian, he i^ hound to pay for 

articles actually necessary for him. But the person who 

trusts him must make inquiry; and if the minor has been 

. supplied by his friends, the person trusting him can 

- r; nor can he in any case recover more than the 

.1 value* of the goods sold to the minor. 

But mii. -'Sponsible fur the payment of fines; 

. they may be prosecub d and tried lor acts of fraud and 

crime It is not easy, I , to determine, from the 

law, in what particular | minor is 

or i i<>r fraudulent acta His age, and the 

'it be such as to 
don; but for 8 1 palpa- 

I*.-. 

u .-ral, male 

. years, may, 

I, bind themselves, in writi irve 

! yraent ; 

$ 1. i ! to fulfill their i Who 

liability in 

. ■■ ■ . ■ i be an ml 

. are minors, or infants, bound a.s 
- BO apprcn; 



182 citizen's manual. 

males, until the age of twenty-one, and females, until the 
age of eighteen, or for a shorter time. A minor thus bind- 
ing himself must have the consent of the father ; or if the 
father is dead, or disqualified by law, or neglects to provide 
for his family, then consent must be had of the mother; or 
if the mother is dead or disqualified, then of the guardian. 

§4. Children that have become chargeable to the town 
or county for their support, may be bound cut by the 
officers having charge of the poor. And tin- laws of the 
states generally require, that a person to whom a child is 
bound, shall aoree to cause such child to be taught t<> r 
and write, and also to be instructed in the general rul< - 
arithmetic. The laws of Borne states require instruction in 
arithmetic in the case of male apprentices only. 

§5. The laws also provide for compelling both parties to 
fulfill their obligations. Masters have a right to correct their 
apprentices with moderation for negligence or misbehavior; 
and they may recover damage at law of their apprentices for 
willful absence. On the other hand, a master may be pP 
cutecl for ill usage to his apprentice, and for a breach of his 
covenant. A master is liable to pay for necessaries for his 
apprentice, and for medical attendance; but he is mi 
liable in the case of a hired servant. 

§6. When an apprentice becomes immoral or disobedient, 
investigation may be had of the matter by the proper author- 
ities, and if good cause exist, the indenture may be annulled, 
and the parties discharged from their obligations. Upon the 
death of a master, an apprenticeship is always dissolved 

§7. There is, it is believed, no statute law in any state 
particularly defining the lights and obligations of hired ser- 
vants and the persons employing them. Both are obliged to 
fulfill their agreement, If a hired servant leaves the Ben 
of his employer, without good cause, before he has worked 
out the time for which he was hired, he can not recover his 
wages. And for immoral conduct, willful disobedience, or 

§4. By whom are pauper children bound out in this state? What 
instruction must they receive? §5. What are the mutual rights and 
obligations of master and apprentice? § 6. Fg* what causes, and how, 
may apprenticeship be dissolved? § 7. "What are the mutual rights 
and obligations of master and hired servant? 



COMMON" AND STATUTORY LAW. 183 

habitual neglect, he may be di On the other hand, 

ill n any failure on the part of the employer to fulfill 

s< s the laborer from his Bervice. 

v is answerable for the acts of his 

lear. As a general rule, however, the 

and by contracts made, and liable for injuries 

mally engaged h the business of his 

the injury proceeds from n< or from 

drill. But for an injury done by a willful act of the 

I that the ma tble. 

mother to do his business, 

ble for the injury clone by the person so 

■ countable t<^> bis master for a 

88, or for injuring 

s a in his i business. 



CHAPTER XLVI. 

RIGHTS OF PROPERTY TITLE TO PROPERTY BY DESCENT, OR 

INHERITANCE. 

the United Stales may hold lands, 

r purchase. To take 

i ii by inheritance. When a 

>f his property, it 

or other relative 

one heirs to the property by 

rty to be gh 
r he pleasea 'I his is called 
;eiT- 
devise. And 

r wlmt ac I himself liable? 

I 



184 citizen's manual. 

if a person pays for property an equivalent in money or 
some other property, he obtains it by purchase, 

§ 2. But though every citizen of the United States may 
hold real estate, and convey it to others, the like privilege is 
not enjoyed by all aliens. By the common law, aliens can 
not hold and convey real property. In many states, how- 
ever, laws have been enacted removing tin's disability. On 
declaring their intention to become citizens, and complying 
with certain regulations prescribed by law, an alien acqui 
the right to take and hold real estate to himself and his 
heirs forever. 

§ 3. Title to real property by The laws of each 

state prescribe the order in which the property of intesl 
descends to their heirs. A U . or will, is a written 

instrument, in which a person declares his wUl con 
the disposal of his property after his death. The word I 
tament is from the Latin testis, meaning witness: hence the 
application of the word to this instrument, which is the wit- 
ness or proof of a person's ivill. The person mailing a will 
is called testator; hence, a person dying without making a 
will or testament, is called an intestate. 

§ 4. The order in which the real estate of an intestate 
descends, being to a great extent determined by the laws of 
the states, is not uniform in this country. In general, how- 
ever, the property of an intestate descends, 6rst> t«> his li: 
descendants; that is persons descending in a direct line, 
from parents to children, and from children to grand-chil- 
dren. The lineal descendant most nearly related to the 
intestate, however distant the relation may be, takes the 
property. 

§ 5. If any children of an intestate are dead, and any are 
living, the inheritance descends to the children living, and 
to the descendants of the children dead ; so that each child 
living shall receive such share as he would receive if all 
were living, and the children of those who are dead, such 

§ 2. What persons can not hold lands? Has this disability been 
removed in this state? § 3. Define the terms, will ; testament ; tes- 
tator ; intestate. §4. To whom does real estate first descend? 
§ 5. How is it distributed, if some children are dead and some are 
living:? 



COMMON AND STATtTTORT LAW. 185 

share as the parents would receive if living. Thus, suppose 
an infc - have h i s, one of whom is dead, 

but has left children. In this c i of the sons living 

would shaiv one-third of the property, and the children of 
the other son would have the remaining third. 

ildren are all dead, and there are grand- 
children living, the grand-children share equally in the in- 
i equal number are children of each 
iple, A dies intestate, leaving two sons, 
B rhom die, the one leaving three children, 

and th oally in the estate. If, 

j ad G were 
. then one half of the properly 
to B, the son, and the other half to the two 
ildren, the children of C. 

t is so various in the different 

cially in cases in which there are no lineal de- 

of an intestate, that it can be ascertained only by 

ace to the laws of each state. As a general rule, 

■vr, the inheritance passes, (1.) to the lineal descend- 

[ the intestate; (2.) to the father; (3.) to the mother; 

| i the collateral relatives. But even to this general 

rule, the. in the laws of several states. 



C II A.PTE B XL vii. 

WILLS AND rBSTAMJBS 

'• and sound mind, except mar- 

! bequeath real and persona) estate 

t will and at In many of the states, perhaps 

J estate may be willed by persons 

$6. I (1 ad. mi-l there are grand-chil- 

7. What general n ftl Doua 

the order of descent in this state: differ from this rule? 
A 



186 citizen's manual. 

at an earlier age. In Ohio, Illinois, and Mississippi, females 
at eighteen may make a will of real and personal estate. In 
Connecticut, married women may dispose of real and per- 
sonal estate by will, as any other person; and infants of 
either sex may bequeath persona] estate at seventeen. In 
Ohio, and perhaps some other states, personal estate may be 
willed verbally, if the will is reduced to writing within t- n 
days after speaking the testamentary words, and subscribed 
by two disinterested witnesses. 

§2. In a few states, laws have been recently enacted, by 
which married women arc allowed to hold, in their own exclu- 
sive right, all the property, real and personal, which they | 
sessed at the time of marriage, and which they may acquire 
after marriage. (See Chap. XL1V, §6.) This right ol 
elusive possession, necessarily includes the light 01 disposing 
of it by will. 

§ 3. A will devising real estate must be subscribed by at 
least two attending witnesses, in whose presence the testator 
must subscribe the will, or acknowledge that he subscribed 
it, and declare it to be his last will and testament In the 
six New England states, New Jersey, and several oth 
three subscribing witnesses are necessary. In the state of 
Vermont, wills must be sealed. If the testator fa unable to 
sign his will, another person may write the testator's name 
by his direction ,** but he should sign his own name as witness 
to the will. 

§ 4. A testator may revoke or alter his will, by a later 
will or writing, executed in the same manner. But the b 
ond will, to revoke the former, must contain words expressly 
revoking it, or direct a different disposal of the property. 
A will may also be revoked by a sale of the property. And 
any alteration of the estate or interest of the testator in lands 
devised, by the act of the testator, is held to be an implied 

§ 1. Who are capable of devising real and personal estate? May no 
other persons devise personal estate? To whom, in certain states here 
named, is the right extended of willing both real and personal estate? 
How is it in this state? § 2. What effect has the law which in some 
states gives married women the right to hold property? §3. How 
are wills made? § 4, 5. In what ways may a will be revoked? Does 
the subsequent marriage of a testator, and the birth of a child, always 
revoke a will? 



COMMON AND STATUTORY LAW. 187 

revocation of the will. Lands purchased after- a will has 
been made, are not conveyed by it. 

&& A- i general rule, a will is also revoked by the sub- 
sequent marriage of the testator and birth of a child. These 
circumstances, not contemplated at the time of making his 
Will, and imposing upon him new duties and obligations, are 
-umed to have altered the testator's mind. If, however, 
the wife and child have been otherwise provided for, mar- 
ad a child will not revoke a will. The will of an 
unmarried woman is revoked by her marriage. 

. By the statutes oi some states, a child born after the 
death u( the testator, or born in his lifetime and after the 
making of the will, inherits a share of the estate, as if the 
father had died intestate. In other states, the statute goes 
farther, and gives the same relief to all the children who are 
not provided for by will, and who have not had their portion 
in their parent's lifetime. 

§ 7. A codicil is an addition, or supplement to a will, and 
must be executed with the same solemnity. It is no revoca- 
tion of a will, except in the precise degree in which it is 
inconsistent with it. 

§ 8. After the death of a testator who has bequeathed 
any real or personal estate, any executor, or any person inte- 
nd in the estate, may have the will brought before the 
court for probate, which means proof. (See Chap. XXIX, 
) The cuurt causes the witnesses to the will, and such 
raon interested may desire, to come before 
xamined. An executor is a person named 
in the will of a testator, or otherwise appointed, to carry the 
will into <■;: 

When a will has been duly proved and allowed, the 
cou .nentary to the executor. Litters 

testamentary give to an executor authority to carry a will 
into effect, and to settle the estate of the deceased. If the 

$6. v. made in some states in pe glfd to children 

born after the d» ath of the testator, or after the making of his will? 
§7. What is a codicil? Has it any effect upon a will? § 8. Wh<u, 
and in what court, are wills proved? What i< an executorl $ 9. Bj 

What is the dillerence 
between an executor and an admiuistrai 



188 citizen's manual. 

person named in the will refuses to act, or is not lawfully 
qualified, the court appoints a person, who, in that case, is 
called administrator ; and the court issues letters of 
istration with the will annexed. It 18 tin' duty of an execu- 
tor to follow the directions of the will, so far as it goes; and 
in the rest of his duties, he must be governed by the law 
concerning administi at< >rs. 

§ 10.*Letters of administration are also issued in case of a 
person dying intestate. Tiny give to the persons appointed 
to settle the estate of the im te requisite authority 

to do so. They are issued, first) t«» the widow or next erf kin, 
or both, as the court may think lit. It' Midi j per- 

sons are incompetent or unsuitable, or it' tin 
the letters of administration are granted to such other person 
as the law designates. The Ian prescribes particularly the 
manner in which the property of deceased persons shall be 
disposed of, and their debts paid. 



CHAPTER XLVIII. 

DEEDS AND MORTGAGES, AND THE TROOF AND RECORDING OF 

Til EM. 

§ 1. Every person capable of holding- real property, may 
also dispose of and convey his right to such property to an- 
other person. To convey here means to transfer, or ] 
over to others, the right or ownership of property, so that 
they shall have the same interest in it as the person convey- 
ing it had before he conveyed it. Hence, the writing by 
which this right is transferred, is called a conveyance; but 
more frequently the instrument by w T hich a title to land is 
conveyed, is called deed. 

§ 10. To whom, first in order, are letters of administration issued? 
§ 1. By whom may lands be conveyed? What is a conveyance? 



COMMON AND STATUTORY LAW. 189 

§ 2. A purchaser o( land could not hold it securely with- 
out a deed; t's deed is the proper evidence 
of hi ewner. It'a should buy a farm 
with and the Beller should 

»nd purcl Lch purehi 

his title, would hold the land; 
ami iufi ifatfun redress from the seller, 

Whenever, :' . any real estate is to pass from 

- tiic buyer a deed. The deed 

aderation or price 

i 1, the place where the land is situated, and 

ad in express words --rants and conveys all 

■ the purchaser, and to 

1 the seller affixes his name and seal to 

ument, usually in the presence of one or more sub- 

;li in some states, it is not required 

that witn - ibe their names. 

But after a deed has been thus executed, the title of 
purchaser is nut secure, until he has had the deed re- 
led in the office of the proper recording officer of the 
inty in which the land lies; or in the office of the town 
in which conveyances are required to 
i. If the land should be conveyed by the 

I purchaser, who should get his d 
-u<li purchaser would hold the land. If, 
1 notice of a sale and 
1 to a prior purchaser, he docs not acquire a title to the 
land. 

onable time is 

on record, before he 

irding of an- 

- the time is fixed by law, and 
from fifteen days to two years. 

: at all, is rinst the 

'. § 3, What d 
emt H<>. ;. Where 

"flicc in tJ Why are C 



190 citizen's manual. 

seller or grantor ; and the dispossessed purchaser has a law- 
ful claim against him for the value of the land. 

§ 6. Before a conveyance is recorded, the person executing 
it must acknowledge, before a proper officer, that he executed 
the conveyance; and the officer must certify in writing on 
the back or margin of the instrument, that the person did so 
acknowledge. In every state, either some or all of the fol- 
lowing officers may take acknowledgment: judges of courts 
and justices of the peace; commissioners of deeds, appointed 
for that purpose; notaries public; mayors of cities and alder- 
men. Every deed duly acknowledged and delivered to the 
proper recording officer! t<> be recorded, is, with the acknowl- 
edgment^ copied at length, word for word, in a book provided 
for that purpose. 

§ 7. Lands are also conveyed by mortgage. A mortgage 
is a writing which conveys to another person a right to prop- 
erty as security for the payment of a debt, and is to have no 
force or effect when the debt is paid. A mortgage com 
land in the same manner as a deed ; but a condition is added, 
providing, that if the debt for which the land is pled 
shall be paid by a certain day, the instrument shall no longer 
have effect 

§ 8. When land is sold, and any part of the purchase 
money is to be paid at a future day, the seller usually con- 
veys the land by deed to the purchaser; and the purchaser 
executes a mortgage to the seller, pledging the land as secu- 
rity for the payment of the money remaining unpaid. A 
mortgage also contains a condition, that if the money shall 
not be paid according to the agreement, the mortgagee, or 
person holding the mortgage, may sell the land to raise the 
money due; but if he sells it for more than the amount, the 
overplus must be paid to the mortgager. 

§ 9. To effect a full conveyance of real estate, a wife must 
join with her husband by signing the deed with him; other- 
wise, if he should die in her lifetime, she would have for life 

§6. How, and before whom, are conveyances acknowledged? 
§ 7. What is the nature of a mortgage? $ 8. In what case is a mort- 
gage sometimes given by a purchaser of land? What condition does 
it contain? § 9. Why must a wife sign a conveyance with her hus- 
band? What is dower? What does she acknowledge ; and to whom? 



COMMON AND STATUTORY LAW. 191 

the UK of one-third of such estate. This right of a widow 
is called the right o{ dototr. It is common, therefore, for 
the ago the deed; and Bhe must also acknowt 

ioer taking the acknowledgment, and 
t from her husband, that Bhe signed the deed freely, and 
without compulsion of her husband. In some states, the 
acknowledgment of the wife out of the presence of her 
husband is not required. 



CHAPTER XLIX. 



INCORPOREAL HEREDITAMENTS RIGHT OF WAY AQUATIC 

RIGHTS PARTY WALLS DIVISION FENCES, &c. 

§ 1. The term, incorporeal hereditaments, may need ex- 
planation to some readers. A hereditament is a thing capable 
of being inherited. Land, and all things attached to it by 
f nature, or the hands of men ; as trees, herbage, 
water, buildings, dfce., which are comprehended in the term 
real trporeal hereditaments. Incorporeal here- 

dity ••• inheritable rights which grow out of corporeal 

inh irhich consist in their use and enjoyment; as, 

taring a common; aright of passage over 
a right to the use of waters, sometimes 

. b a right of private passage over 

her man's ground. Thifl right is sometimes granted by 

the il; and to make it a freehold right, it 

teed, though it be only an easement 

f another, and not an interest in the land 

in general, an accommodation. In 

or convenience which one has of 

$ 1. V iment? An Incorporea] hereditament 1 

$2. Wl, fwayl Ho w is it acquired 7 What is 



192 citizen's manual. 

another, by grant or otherwise, as a right of way, (fee By the 
grant of an easement, the grantee acquires no other right 
than what is necessary to the fair enjoyment of the privil 

§ 3. If it is a mere personal right, it can not be assigned to 
any other person, nor transmitted by descent. It is so lim- 
ited, that the owner of the right can not take another per 
in company with him; and when he difcs, the right dies with 
him. But a right of way belonging to an estate, may 
conveyed when the land is Bold Thus if a man own lot A 
and lot B, and he used a way from lot A. over 1"! B, i 
mill, or to a river; and if lot A, with all ways and 

easements, the grantee will h> 
ing over lot B as the grantor 1. 

§ 4. A right • "•". [f a man 

sells a part of his land, and th n - 

maining part, he is entitled to a ri way to it < 

land sold. And if a mac ad wholly Burrounded by 

his own land, the purchaser is entitled to a 
it over the other's ground, even though I 
reserved. The right of way passes to the pure!, 
necessarily incident to the grant, or included in it. 

§5. If one man should give another license to conduct 
water in lead pipes through his land, the man having such 
license may enter on the land, and dig therein, to mend the 
pipes. So if a person has a Bhop en anotl 
mission, he has, of necessity, a rig] md from 

it between the highway and the simp. The general ltd* 
that when the use of a thing is -ranted, every thing is 
granted which is necessary to the enjoyment of it- n 

§ 6. A person has a temporary right of way over land 
adjoining a public highway, if the highway is out of repair, 
or is obstructed by snow, a flood, or otherwise. But the 
right of going upon adjoining lands does not apply to priv 

§ 3. When is an easement a personal right? Can it. as such, be 
conveyed to another person? How may it be male transmissible? 
§4, 5. In what cases may a right of way arise from nea Baity? ( >n 
what general principle does this incidental right rest? $6. In what 
case is a temporary right of way acquired from necessity? Does the 
obstruction of a private way give the same right? Why this difference 
between a public and a private way? 



COMMON AXD STATUTORY LAW. 103 

ways. A person having a right to a private wav over an- 
other's land, lias no right to go upon adjoining land, even 
though the private way is impassable. The reason given i>, 
that the f the way may be bound t<> repair it, and its 

imi may be owing t<> his own neglect Hut if 

- become obstructed, it is for the genera] good 
that the public should be entitled t>> pass in another direction, 
way sometimes arises by prescription; 
which is the right or title to a thin-- derived from long use 
and enjoyment i who is in possession of an interest 

or privilege which he and those from whom lie received it, 
have 1, undisturbed, for a long course ef years, may, 

by rirttt long use, have acquired a valid title to it: 

told it by prescription. A right similar 
tich a man acquires to land which has been 
i. or by himself and preceding own- 
Alt hough the first occupancy was 
lined without grant, the long free use of the land is, in 
law, equivalent to a grant, and implies a valid title. 

i her kind of easement is the right of the public 

s. The title of owners of land 

d led on a river, extends to the center of the stream; but 

river is navigable for boats and rafts, 

- ge therein as a public highway. The 

- may use the land and 

in a way inconsistent with the rights of the 

r band, neither tb any indi- 

the stream from its natural 

- useful ■ rners dt the soil. 

- who own the 

! river to i bich they are nearest If, 

ho* • er th«' middle of the 

each side. 
I by the sea, or by naviga • 
1 flows, the right of • 

$7. V • ~< ription? May a right of way be thus 

f be acquired by prescript 
iblic highways) Wnaj i i 

B of 

■ 



194 citizen's manual. 

soil extends to high-water mark ; and the shore below com- 
mon, but not extraordinary high- water mark, belongs to the 
public. 

§ 11. The owners of land adjoining highways, have a right 
to the soil to the center of the road: the public haw only 
a right of passage while the road is continued. The owner! 
of the soil may maintain a suit against any person who en- 
croaches upon the road, or digs up the soil, or cuts down 
trees growing on the side, of the road. They may carry 
water in pipes under it, and have cv.ry use of it that d 
not interfere with the rights of the pablic 

§12. A party-wall belonging equally to the own*' 

two houses, may be pulled down by the party wishing 
erect a new house and a new wall; hut he must pull down 
and rebuild the new wall in a reasonable time, and with tin- 
least inconvenience: and if it is clearly necessary that the 
old wall should be repaired, the other party i^ hound to con- 
tribute ratably to the expense of the new wail; hut not a 
higher one than the old, nor one with more costly materials. 
All extra expense must be borne by the party building the 
new wall. 

§ 13. Where the wall of the house to be pulled down 
belongs exclusively to the owner of the house, and stands 
wholly on his lot, yet if the beams of the other house I 
upon the wall pulled down, and have done so long enough 
to establish an easement by prescription, the owner of such 
other house is entitled to hare his beams inserted for a n 
ing place in the new wall. 

§ 14. The owner of a house in a compact town, intending 
to pull it down, and to remove its foundations, is not liable 
for injury to the adjoining house, if he gives due notice of 
his intention to the owner of such adjoining house, and 
removes his own with reasonable care. 

§15. The subject of division fences between the owners 

§ 10. What are the rights of the public and the owners of land 
bounded by tide-waters? What are tides? J 11. What are the righta 
the public and the owners of land adjoining highways? § 12, 13. What 
are the rights of joint owners of a party-wall? $ 14 What are the 
rights of the owners of two adjoining houses, the one intending to 
pull his down? 



COMMON" AXD STATUTORY TAW. 195 

of adjoining lands might, from its nature, seem to require 
notice in this place; but the obligations of the occupants of 
adjoining lands in regard to partition-fences, are almost ex- 
clusively the subject of statute regulations, 

J 16. Every proprietor of lands adjoining a stream, has 
naturally an equal right to the use of the water that tlows 
in the stream adjacent to his lands, "as it was wont to run." 
h may use the water while it runs upon his own land; 
but he can not unreasonably detain it, or give it another 
direction; and he must return it to its ordinary channel 
when it k\i\ He can not, by dams or any ob- 

struction, cause the water injuriously to overflow the grounds 
the neighbor above him, nor so use or apply it as materi- 

rhbor below him. 
J 17. But this right to the use of waters, as an easement 
the land, may be acquired, and lost, or abridged and 
enlarged, by prescription. A man may diminish the quan- 
tity of the water, or corrupt its quality by the exercise of 
certain trades ; and by such use of the water for a sufficient 
,th of time, he is in lavr 2^'^umed to have acquired it by 
grant; and this presumption is the foundation of his right by 
tkrtL The time of such use and enjoyment of water 
;!>lish such right, is twenty years, except in 
- in which a different period is fixed by statute. 
- 1 1 is a gi neral and established doctrine, that an 
and uninterrupted enjoyment of water, or of light, 
. in any particular way, for twenty 
1 less than twenty years, which in any 
Stablished period of limitation, is a 
sumption of title, as against 
ther pera in. The lime <>t' enjoyment neces- 
scripUon, fa deemed t<> be uninterrupted! 
itinued from ancestor to heir, and 

$ 15 ownera of adjoining lands, as 

Hi. How are the owners of land 

•1 in the use of the wa- 

i water may a person acquire a pre- 

- How long a use of an easement 

Most the DM have been BO long enjoyed by one 



196 citizen's manual. 

from sc!1er to buyer; or whether the use has been enjoyed 
during the entire period by one person. 

§ 19. As a right may be acquired by use, so also it may 
be lost by disuse; and as an enjoyment for twenty yean 
necessary to found a presumption of a grant, and establish 
a right; an absolute discontinuance of the use for twenty 
years, (where a less period is not fixed by law.) will r, 
the presumption that the right has been released or extin- 
guished. Thus, a title to land may pass from its actual 
owner by non -occupancy for twenty years; and a title to it 
may be acquired by an undisturbed occupant, who shall 
hold it in peaceable and uninterrupted po coeciaon for the 
same number of years. 



CHAPTER L. 



LEASES OR ESTATES FOR LIFE ESTATES FOR TEARS — 

TATES AT WILL, AND ESTATES BY SUFFERANCE, RENT, Ac. 

§ 1. Real estate, the title to which is conveyed by d 
as distinguished from other estates in land, is called an estate 
of inheritance. An estate of inheritance, that IS, B 
in lands that may be transmitted by the owner t«» his heirs, 
is a fee. No estate is deemed a fee, unless it may continue 
forever. When it is a pure and absolute inheritance, clear 
of any qualification or condition, it is called a fee-simple, 

§ 2. An interest in lands which is to continue for a. limited 
period, is usually conveyed by an instrument of writi 
called lease. To lease means to let; hut generally, to let 
real estate to another for rent or reward. The word (h i 
is often used instead of lease. The landlord, or person let- 
ting the estate, is called lessor; and the tenant, or person 
to whom the land is leased, is called lessee. I r a 

§ 19. May a right be lost by disuse as will as gained by use? 

$ 1. What is an estate of inheritance? A fee? A fee-simple? 
§2. What is a lease? Define the words demise, lessor, lessee. What 
leases are to be sealed? Are anv to be recorded in this state? 



COMMON AND STATUTORY LAW. 197 

than one year, are usually required to be sealed, 

I and recorded also, as deeds and 

imited interests in land are divided into estates 

a by sut- 

>nveyed to a p«-r- 

the term of hia natural life. Life beld by 

tmmon in this country. Another 

I of life • - that which n acquired, no( by the acts 

is by lease, bul by the op ration of law. 

h is the right of a husband to tie- real estate of his wife, 

r after marriage Such also is the 

Chap, XLVIII, § 9.) 

to the possession and 

of land for a determinate period, for compensation, 

call* r.nd it is deemed an estate for years, though the 

inn 1 the ordinary limit of human 

; 1 to be a higher and greater 

than a lease for years, though the lease were for a 

and if a lease should be for a less time 

than a year, the lessee would be ranked among tenants for 

ing land upon shares for a single crop, is not 

; and possession remains in the owner. 

ssign over his whole interest 

rained bj tent not to assign with* 

: he may underlet for any less 

nin. at he is himself 

r the hmd 

ntitled to the 

period ; for, knowing that 

time, he might have 

lieved that, in a few 
ntitled to the crop from grain 

Cpiration Of the lease, and 

nation. But if the ].■ 

Dfel In what different ways are life 
$ .">. May 
Be is the crop growing on tbo 
land ireaT 



198 citizen's manual. 

for years depends upon an uncertain event, the occurring of 
which would terminate the lease before the expiration of the 
term, the tenant would be entitled to the crop, it there were 
time to reap what has been sown, in case he should live. 

§ 7. Where there is an express agreement to pay rent, the 
tenant can not avoid payment if the premises are destroyed, 
or if he is in any other manner deprived of their enjoyment 
and use, even without any default on his part. J [ence, if land 
should be leased, with a Hock of sheep, the tenant having 
agreed to pay a certain rent, and the sheep should all die, 
the full rent must be paid. B i if tin 4 land should be de- 
stroyed by a flood, or the tenant driven from it by pul 
enemies, he would be bound to pay rent. Hut if the land 
should be recovered from the tenant by a person bavin 
better title than that derived from his landlord, he i> 
liable for rent after his use of the land has ceased. 

§ 8. A tenant can not make repairs at the expense of the 
landlord, or deduct the cost of them out of the rent, if ti, 
has been no special agreement for that purpose But if the 
premises, from want of repair, have become unsafe or i 
less, the tenant from year to year may (put without noti 
and he would not be liable for any rent after the use had 
ceased to be beneficial. 

§9. When rent is due, a tender of payment is good if 
made upon the premises; and if no place of payment has 
been agreed on, a personal tender off the land 
As to the time of payment, where there is no special agree- 
ment to the contrary, rent is due yearly, half-yearly, or quar- 
terly, according to the usage of the country. Where there 
is no particular usage, the rent is due at the end of the y< 

§ 10. An estate at will, is where land is let to another, to 
hold at the will of the lessor. Tenancies at will, strictly 
such, are not common. Such estates, when no certain term 
is agreed on, are construed to be tenancies from year to year; 
and each party is bound to give reasonable notice of an in- 
tention to terminate the estate. If the tenant holds over 

§7. Is a tenant bound to pay rent for the whole term stipulated, if 
the premises are destroyed? § 8. Can a tenant make repairs at the 
landlord's expense? § 9. Where is payment of rent to be tendered? 
How often does rent become due where there is no special agreement? 



COMMON AND STATUTORY LAW. 199 

•fiber the expiration of a lease far years, either by express 

consent of the landlord, or under circumstances implying 

oonsent, if is held to be evidence of a new conn-act without 

any definite period, and is construed bo be a tenancy from 

; and in those states in which the old English 

rule prevails, six months' notice must be given to the tenant 

ait 

§11. What turns leases lor uncertain terms into leases 

from year to year, is the landlord's reserving annual rent. 

A t- nan! placed on land without any terms prescribed or 

L is strictly a tenant at will; and it has been 

held, thai such tenant is not entitled to notice to quit; but 

rule now seems to he, that even in such case, 
the six months' notice is necessary; or, as in some states, a 
:;ce. 
vj \~. A: "< ranee, is that which is acquired by 

nam who has come into lawful possession of land, but 

who holds over by wrong after his interest lias ceased. He 

i^ not entitled to notice to quit; and where there is no special 

be is not liable for rent; and the landlord may enter, 

and remove the tenant and his goods with such gentle force 

lav he nee. Bsaiy. W undue force is used, the landlord 

lid he liable to an action for forcible entry and detainer. 



CHAPTER LI. 



IAL AND WW AT IS NECKSSAKY TO 

BIB VALIDITY 

'"l. \ i ment between two or more 

rhich the parties agree to do, or not to do, 

I tracts are executory, when the 

.:iV J low an- tenancies at will now 
■ tenant from year to year holds over 

II § 11. What lnrns leasei foi indefinite 

tenant, plaa -I on land arith- 
entiUed to notice to quit? 1 12. What i^ u 

Mate a' suit* r;tn«c.' Ma\ he l.c rcmrv< d withou( Dfl \iuns notice'.' 



200 citizen's manual. 

stipulations remain to be executed, or when one party agrees 
to sell and deliver, at a future time, for a stipulated price, and 
the other agrees to accept and pay. Contracts arc exp 
or implied. They are exprese, when the parti- t in 

express words, or by writing; implied, when an act has been 
done which shows that the parties must have intended to 
contract; as, when a person employs another to d<> BOine 
service, it is presumed that the party employing intended to 
pay for the labor performed 

§2. Contracts are also distinguished as specialties and 
simple contracts. A sj>f<-i<tlj>/ is a contract under seal; i 
deed, or bond. This claw of contracts, however, it is 
intended particularly to consider in this place. We shall 
here treat chiefly of that common class <>t" contracts called 
simple contracts, or contract* by parol, 1 
word of moutli. Applied t<> contracts, however, it not only 
means verbal contracts, but includes written contracts not 
under seal. Both are simple contracts; and tic only i 
tinction between them is in the mode of proof. The mutual 
understanding of the parties to a verbal contra.'' t, may 
proved by parol evidence: btit as the real intention of par- 
ties is more likely to be expressed in a written c the 
rule of law is, that parol evidence may nol oitted t<> 
contradict or vary the terms of a written instrument. 

§3. Cases, however, sometimes arise, in which all that the 
parties intend is not comprehended in the terms of a writ! 
agreement, or in which the language of the writing k am- 
biguous or obscure. Jri such cases, parol evidence is admis- 
sible, not to vary tic terms of a written instrument, but to 
explain what is doubtful, or to supply some deficiency. To 
deny such evidence in cases of this kind, would endanger the 
rights and interests of one or the other of the pa: 

§4. To make a valid contract, the parties mmt be capable 
of contracting. They must be of sound mind. Hence 
idiots and lunatics are generally incompetent to make contracts. 

$ 1. What is a contract? When are contracts executory, express, and 
implied? § 2. "What contracts are called specialties, and simple coo- 
tracts? Define parol. Are parol contracts only such a< arc verbal ? 

Wherein consists the difference between verbal and unsealed written 
contracts? § 3. For what purpose is parol evidence admissible? 



COMMON" AND STATUTORY LAW. 201 

itute of oommon 
usually called a natural fooL A / or insane pi 

. luit li - uddenly 

I of it. It v. that this 

1 by the influence of the moon. U< i 
the Latin word t v 

-.•■ lunatic is wholly in- 

Bul if it is merely intermittent) or 

lucid interval will be valid. 

ipon 

ilract in ri 

which he h\ the c 

that if th ich a want of intelli- 

rdi- 

. or in the particular contract, his idiocy will 

To i;i\ the contract, it must 

lie time 

3 and idiots may be considered 

ut un]y ; the validity or 

lidity d< ; n facts to be proved The person 

mental imbe- 

y, must the time 

general deranj tab- 

. . and 

a, if 
drunkem 

Ltion 

. tojd- 

. 

5 

I OH- 

9* 



202 citizen's manual. 

§ 8. Another requisition to a valid contract, is the mutual 
assent of the parties. A mere offer by one party not MS CHlt ed 
to or accepted by the other, constitutes no contr 
must also be given freely, A contract entered into under 
duress, or compulsion, is not binding; as where 
extorted by threats of personal injury. Assent must ab 
given with a knowledge of facts. A contract made on 
an injurious mistake or ignorance of a material fact, may be 
avoided, even though the fact is not fraudulently concealed 
But a mistake made through ignorance of the law, will not 
render a contract void. 

§ 9. A Valuable COnM -are t<» a valid 

contract. A consideration \b what is given or done, or i" be 

given or done, that is the cause OT reason for which a pen 

enters into an agreement Thus, the in i or off 

for which a man bo perform certain acts or tabor, i- 

the consideration erf the agreement So the consideration 

of a promissory not-' is the property for which the not'- i- 

given. A consideration may he something else than money; 

it is sufficient if it is any thing that is either a benefit to the 
party promising, or some trouble or injury to the part] 
whom the promise is made 
§10. Mutual promises, also, are sufficient considerations; 

but to be obligatory they mu>t be made at the same time: 
and it is not sufficient if they are made On the same day, and 

at different times. ]>ut if mutual promises are made simul- 
taneously, the}' support each other: the promise by one party 

constitutes a sufficient consideration Gar a promise by the 

other party. To this rule, however, there are excepti 
one of which is, when a prop eal is made by means of agi 
or letters, in case the parties are distant from each other. In 
such cases, if the proposition is made in writing, and sen; 
mail, and an answer of acceptance is written and put in the 
mail, the contract is complete, unless, before the mailing of 

§ 8. Is a contract valid without the mutual assent of parties? or when 
made under duress, or an injurious mistake? $ [). What dst if ac- 
cessary to a valid contract? What is a valuable consideration? v\ 10. 
In what cases are mutual promises of the oarties considerations? 
What exceptions are there to this rule? 



COMMON AND STATUTORY LAW. 203 

the letter oi acceptance, a second letter has been received, 
containing a retraction of the proposal 

§11, Promises which are wholly gratuitous, are void; 
ause, being neither a benefit to the promisor, nor an in- 
jury to the promisee, they are no1 regarded, in law, as a 
valuable consideration. Hence, subscriptions to public works, 
and charitable, literary, and religious institutions, if they are 
merely gratuitous, can not be collected, unless they have 

advance money, make engage- 
ments, or do other acts to their own injury. 

v> I -J. A- gratuitous promises are void for want of consid- 
eration, bo m ituitous services afford no consideration 
upon which payment for their value can be lawfully claimed; 
no promise of compensation. Thus, voluntarily 
-aw property from tire, paying the debts of 
ther without request; or securing beasts found straying, 
gives no lawful claim for recompense. But if a person 
knoi rmits another to do certain work, as plowing his 
field, or hoeing his com, although the work may have been 
without his order or request, his consent will be 
rded, in law, as an implied promise to pay for the value 
of the labor, unless the circumstances of the case are such 
Li option. 
liberation must not only be valuable; it must 
aid in ;, • with law, sound policy, and 
founded upon an (n>j><>.^-<ihlc con- 
:\ can he lawfully bound to do what 

r of man to do. But it i- otherwise, if 

is only at the time impossible in fact, but 

turn 1 [ence, inability from sickness 

:.;, or tie- impossibility of procuring an 

arti r quality which a person has agreed 

exempt him from liability in damages 

• of his contract 

sideration to which is illegal or 



v .id? Whyl <\ 1:2. Can a man lawfully 

[rices? Under what circumstances is 

promise to pay tor met servta il § 13. What kind 

of iiDpo- .and what will Dot avoid, a contract? 



204 citizen's manual. 

immoral, may be avoided by either party. A man can not 
be held to an agreement to do acts forbidden by the law of 
God, or by the laws of the state. J)ut if an illegal contract 
has been executed; that is, if the wrong has been already 
done, the party in the wrong can not renounce the contra 
for the general rule is, that no man can take advai 
his own wrong; and the innocent party alone has the privi- 
lege of avoiding the contract. If both parties are guilty, 
neither can, in ordinary cases, obtain relief on a contract that 
has been executed. 

§15. The rule that a consideration is ry to the 

validity of a contract, applies t<> all c and enga 

ments not under seal, except hills of exchange and negotiable 
notes after they have an innoi 

indorsee. (See Promissory Notes.) [n contracts trader i 
a consideration is necessarily implied in the solemnity of the 
instrument. 

§ 10. it is declared by the English statute of frauds, 
which prevails generally in the United States, that n 
ment that is not to be performed within one year from the 
time of making it, shall be valid, unless such agreement, or 
some memorandum or note thereof, is in writing, and signed 
by the party to be charged. The statutes of the s 
New York have adopted this provision of the English b 
ute, and require, farther, that a special promise to answer for 
the debt, default, or miscarriage of another person, and an 
agreement or promise upon consideration of marriage, except 
mutual promises to marry, Bhall likei I without 

such writing, in which the consideration shall be expressed. 

§14. Can a man be held to an immoral or an illegal cod 
When is a consideration immoral ; and when illegal? What if an ille- 
gal or immoral contract has been executed? \n 15. To what con; 
does the rule that a consideration is necessary, apply; and t<> what 
does it not? § 16. By the English Btatnte of frauds, what 
must be in writing? What other agreements are required in some 
states to be in writing? Ts this state one of them? 



COMMON AND STATUTORY LAW. 205 



CH A PTER LI I. 

CONTRACTS OF S \LE. 

j l. Tin: general principles of law which apply to 

contracts in general, are applicable to contracts of salt'. The 

competency of the parlies contracting; the sufficiency of the 

sideration in regard to its value, its legality and morality; 

the asBent of the parties; and the absence of fraud; which 

uisite to the validity of the former, are necessary to 

of the latter. 

§ _, A Bale is a transfer of the absolute title of property 

for a certain price. Unless the absolute title is conveyed, 

the contract is merely a mortgage, or bailment, and not a 

To make a sale valid, three things are necessary. 

(1.) The thing to be sold must have an actual or a possi- 

. and be capable of delivery. Thus, if A sells 

R h rtaio goods to B; and if, at the time of the sale, 

g<»ods are destroyed; the sale is 

L Bui i partially destroyed, the buyer 

may either take them at a proportionate reduction of the 

raci 
rh th<' thing to be sold has no actual and 
■ is p fisible, and 
if i -i. ahing to which the 

tie. Thus, a 

1 that shall grow on his sheep, the fruit 

■ the future increase of his cat- 

oot sell the product* of the sheep or cattle 

fter buy. A man may, however, agree 

$ 1. ' !, and 

i- a -alcV Wliat ifl the first Ihii 
.. Mention same things not yet existing; which i 
i an sell, and tome which he can not selL 



206 citizen's manual. 

to procure goods which he has not, and to furnish them at a 
future time for a certain price; and his contract will be 
good ; though this is not strictly a sale, but only an agree- 
ment to sell. 

§ 4. (2.) There can be no sale without a price; and the 
price must be fixed and definite, or susceptible of being 
ascertained by reference to some criterion prescribed in the 
contract, so as to render any further negotiation of the par- 
ties unnecessary. Thus, a man may agree to pay what shall 
be the market price at a particular time, or a pri<-<' t<> be 
fixed by a third person. The price must ;. lyable in 

money or its negotiable representative, as notes or hills. One 

article given for another is merely a barter. The >ame prin- 
ciples of law, how. \< r. govern in both e 
§ 5. (3.) There must be a nnit>i<tl conetM <>/ tki 

and the contract is binding when a proposition made by 
of the parlies is accepted by the other. The negotiation 
sale may be carried on by letter; and the sale b im- 

plete when the buyer puts into the mail his answer accept- 
ing the seller's proposition. But the buyer may retract ins 
oiler at any time previous to the mailing- of the buyer's letter 
containing his assent. (See Chap. LI, § 10.) 

§6. In contracts of sale which are not perfected at once 
by payment and deliver)', certain formalities are to be ob- 
served. These forms generally are prescribed by what is 
called the English stattite of frauds, winch requires, (l.) that 
the buyer shall accept and receive part of the goods sold; 
or (2.) give something in earnest to bind the bargain, or in 
part payment; or (3.) that some note or memorandum in 
writing of the bargain shall be made and signed by the 
party to be charged, or by his authorized agent. Tip 
provisions, however, apply only to eases in which the price 
of the goods is ten pounds sterling, or upward. 

§ 7. The same rule prevails generally in this country, with 
slight variations. In ihe states of New York and Massa- 

§ 4. "What other thing is necessary to a sale? Must the price 
always he fixed and definite? What is barter? § 5. What is the 
third requisite mentioned as necessary to a sale? § G. If the tiling 
sold is not immediately paid for and delivered, what is necessary by 
the English law? 



COMMON AND STATUTORY LAW. 207 

chusetts, it applies to cases in which the amount of the 
50; in Vermont, $40; in New Hampshire, 
ami in Connecticut, #35. In some suites, this par* 
licular provision has never been adopted 

j B. to complete a contract of sale and pass the title to 
the property to the buyer, there must be a delivery of the 
goods 8ohL When tfa are Buch as can not be man- 

ually or immediately delivered, or are not in the personal 
ovBtody of tl p, the law does not require an actual 

But they must be placed in the power of the pur- 
or there must be Buch acts and declarations of the 
as imply a cha iwnership. When the right of 

en transferred to the buyer, whether by an 

r only a - .live delivery, he immediately as- 

sum isk of the goods; so that if they shall be after- 

r destroyed, he must bear the loss. 
. When nothing is said at the sale as to the time of 
. < rv, or the time of payment, the buyer is entitled to 
the goods on payment or tender of the price, and not other- 
wise; for, though he acquires the right of property by the 
sale, he dots not acquire the rigid of 'possession, 
until he pays or tenders the price. But if the seller delivers 
bsotutely, and without fraudulent contrivance on 
. the buyer will hold possession of them. 
sold upon credit, and nothing 
of delivery, the buyer is immediately 
:. If, however, it is ascertained, 
ssion of the goods, that he is 
• disable him 
fn»ni dm t his en ditors, the seller may 

lily for the price But if they are 
without [ Or through misinformation, the 

ad to damages which he 
lequenoe of their stoppage. 

{7. ! revail in this country) [n this state? 18. Wliai 

3 to the time of delivery of property sola ? When 

: injury to the property commence? 49. In 

wh '1 to immedial ion ; and when 

0. When goods are sold On credit* what is the rule? ha 

cases of o Irency, wl - 



208 citizen's manual. 

§ 11. In the sale of a chattel, if the seller has possession 
of the article, and sells it as his own, he is under 
warrant the title, A fair price implies a warranty of title; 
and the purchaser may have satisfaction from the seller, if 
lie sells the g his own, and the title proves deficient 

But if th( afon is at the time in another, and ther 

no covenant or warranty of title, the party buys at his peril 
It is thought, however, if the seller affirms that the prop rty 
is his own, he warrants the title, though it is not in his 
possession. 

§ 12. With )•• i the quality of the thing, the e 

is not bound lq ma] deficient 

special circumstances, unless he i irranted 

goods to be sound and i fraud- 

ulent representation or concealment conc< raing them. The 
rule is, it" bbere is no express warranty by the seller, nor 
fraud on his part, and if the article is equally open to the 
inspection of both parties, the buyer who i the arti- 

cle for himself, must abide by all tosses arising from latent 
defects equally unknown to both parties. 

§ i3. J>ut this rule docs not reasonably apply to t 1 
cases in which the purchaser has order tain 

character, or in which goods of a certain described quality 
offered for sale, and, when delivered, they do not answer the 
description. There being no opportunity of examining them, 
there is an implied warranty of the quality of th< 

§ 14. An intentional concealment or SU] I of a ma- 

terial fact, when both parties have not equal access to ok 
of information, is deemed unfair dealing, and renders the 
contract void. As a general rule, each party is hound to 
communicate to the other his knowledge of material fa 
provided he knows the other to be ignorant of them, and 
they are not open and naked, or equally within the reach tit 
his observation. The moved Jaw, however, and fair deali 
require, in all cases, a full disclosure of all defects within the 
knowledge of the contracting parties. 

§ 11. In regard to warranty of title, what is the rule of law? 
§ 12. In respect to warranting the quality of the thing- Bald, what is 
the rule? $ 13. What exception is mere to this rule! $14. How is 
it in eases of intentional concealment? 



COMMON AND STATUTORY LAW. 209 



CHATTER LIII. 

■BAUDUUBR BALM AND ASSIGNMENTS, GIFTS, «fcc. 

£ I. To protect the rights of the contracting' parties alone, 
ly object of laws for the regulation of contracts. 

en made which injuriously affect the rights 
of third j" reqpQ who arc other than the contracting 

v which third persons are most fre- 

those by which property is fraudulently 

unment A debtor, to place 

property beyond the reach of his creditors, either trans- 

30D by gift; or he sells or assigns it 

Bother, under the false pretense of securing the payment 

of a debt ; the property to remain with the assignor, with 

t understanding that the assignee is never to take 

nenkxL 

which operates as a fraud upon third 

li is a rule of common law, and the same 

. in this country, that all deeds of gift, and all 

- made by any person to secure 

shall I"- void as against creditors; 

shall not exempt the property 

tisfy tin' demands of his creditors. 

:;. 1.1 is more likely to be fraudulent 

us with the seller or assignor, than 

it into his own possession, it has 

of law, that if property assigned or sold 

•iing or selling it, the transac- 

fraudulent 

Bnt win rreyanee of goods is <- sdy prima 

$ l. ' frauded by lbs tr.iii.sttr of 

' fraudulent Qgmamnisl State 
.. re] rule of l\v>- oa this Rib 
M 



210 citizen's manual. 

facie evidence of fraud, which the vendee or assign* 

be permitted to rebut by proof) or whether the Iransacti n is 

fraudulent in point of law, and void, is a question Upon 

which the decisions of the courts in England as well as th 
in this country differ, and which, therefore, may be consid- 
ered as not conclusively settled. 

§4. Some have made a distinction between bil 
and assignments that are absolute, and those that are c 
dftional. Tin.' Supreme Court of tic- United Stal 
affirmed the doctrine, that an absolute and unconditional hill 
of sale or conveyance, when the property i- retained in \ 
session, is of itself conclusive evidence of fraud; in other 
words, it is presumed to he hand in poim of law, whatever 
it may be in (act 1; has been held by the same curt, that 
a conveyance which is conditional, that the property is to 

remain with tin 1 vendor until the condition ahal] he perform 
or which is in the nature of a morl security, ejepn 

ing an agreement between the parties that th< 
shall retain possession, is valid. 

§ 5. In some stales, the doctrine established by the courts 
is, that a continuance of possession is only prima facu evi- 
dence of fraud; in which case, the moi aignee is 
allowed to show by proof, that the conveyance was made in 
good faith, and for a valuable consideration. In oth< 
the strict ride prevails, that, without a change of possession, 
the transaction is fraudulent in Inn: ; in which ca>e the ;is- 

Bignee, or person claiming the property under the assign- 

ment, is not permitted to show that, in point of fact, 
transaction was bona fide, (made in good faith.) 

§6. Although a rule that holds every conveyance to be 

fraudulent, unless followed by an immediate change of | 
session of the property conveyed, may be deemed necessary 
to prevent frauds upon third persons, it often operatu s to the 
injury or inconvenience of honest debtors. A debtor may 
be obliged to part with property, however convenient or 

$3. What is prima facie? State the difference between a fraud 
prima facie, and a fraud in law? $4. Is there any difference, in 
effect, between an absolute sale and a conditional one, where posses- 
sion is not changed? § 5. What different rules are said to exist in 
different states? 



COMMON AND STATUTORY LAW. 211 

iful its present use may be to him, in order bo satisfy a 
debt; when, hut for this Stringent rule of law, he might bor- 
row the money to pay the debt, or procure a forbearance of 
it, I ng property without losing the benefit of its use. 

J 7. Why this perplexing question has been left so long 
I in the different states, it is not easy to perceive. 
In the state of New Fork, it has been Bet at rest by an 
tute, declaring, that unless a sale or an assign- 
m« ' by an immediate delivery, and followed 

by an actual and immediate change of a, it shall be 

fraudulent and void, as against creditors, 
and shall be conclusive evidence of fraud, unless the party 
claiming the property under the assignment shall make it 
. that the sanu was made in good faith, and without 
. attempt to defraud. The essential provisions of this 
believed to prevail at present in most of the 
-. 

In the sale of personal property, though there should 

at against the vendor, and the purchaser should 

hav< of it, that fact would not of itself render the 

fraudulent. But if the purchaser, knowing of the judg- 

:.t, purchases with the view or purpose to defeat the cred- 

the transaction is fraudulent. The question 

upon the motive. 

sometimes made by debtors for the 

A | •■ rson d< i | ly indebted, or in 

Bsigns his property in trust, to 

be by them disposed of, and the 

avai tnenl of all bis creditors, or to 

the law which we have been considering, 

of this kind bo as to forbid a 

en nee to one or more creditors over 

otle ■ ment is for a sufficient consideration. 

; 1 ts from the rule which in 
all ca.««-s r -.:! J 7, ^ I enact- 

York and other states on ti.i- subject) 
$8. When doesajadgiB ren- 

der ileet, and when not? |9. What is the Mw 

• min^ ass._ for the benefit of oeditonri Js the assignor 

tally Bmong tb ml 



212 citizen's manual. 

A debtor may directly assign or transfer all his property 
a single creditor, and the assignment be valid ; but if the 
value of the property is nianii essive, and dispro] 

tionate to the debt which it is intended to cover, the other 
creditors have a right to the surplus. 

§ 10. When a debtor in embarrassed circumstances enters 
into an arrangement with all his creditors, to pay them a 
certain proportion of their claims, in consideration nf a dis- 
charge of their demands, if he privately agrees to uive a. 
better or further security to one than t<> others, the contr 
is void; because the condition upon which they agl to 
discharge the debtor is, that each creditor shall receive an 
equal benefit, and take a proportionate share* 

§11. A gift or conveyance founded merely upon a 
sideration of affection, or blood or consanguinity, may be 
aside by creditors, if the grantor was iu emb 

cumstances when he made it; for a man IS bound, both 
legally and morally, to pay his debts before giving away his 
property. But if he is indebted to only a small amount in 
proportion to his property, and wholly unembarrassed, the 
gift is not rendered voidable by his indebtedness, even though 
he should afterward become insolvent. 



CHAPTER LIV. 

PRINCIPAL AND AGENT Oil FACTOR, BBOKBB, LINT, 

§1. A principal is one who employs another, as agtnt % to 
transact his business. A factor is an Bgi nt ; but the word 
factor is generally understood to mean a commercial agent; 
that is, one who is employed by merchants residing in a 
distant place, to buy and sell, and transact business for them. 

§ 10. If a debtor agrees to pay all his creditors an equal share, and 
then agrees to pay some a greater share, what is the effect? §11. In 
what cases is a gift or conveyance void when made on consideration 
of friendship or affection? 



COMMON AND sTatitoky LAW, 213 

untrv merchants send thek wheal, po&, potashes, 
and other country produce, and milters send their Hour, to 

in the city of N< w York, to be disposed o£ The 

roperty arc called principal*; their agents 

a they are more frequently called, commit* 

i of property consigned to them, 

they arc ah • and the wh<> consign 

mmit to them their property, an >©r#. 

tnmodation of the principal, the factor 
im r part of the value of the produce before 

r the m< »ney thus advanced, the factor lias a claim 
d the prop rty until the advance money shall be refunded. 
owner paid. And as a factcw 
know who i> the actual owner, the person in 
wh . > to be deemed the owner, 

im which a factor has upon goods intrusted 
died Ken; and the factor may sell the 
out of the proceeds of the sale what is due 
him; and the remainder he must pay to the principal, or 
. r. Bui i can not sell or pledge property com- 

mit- r transportation or storage only; nor can a 

'trusted to him f<>r sale, as security for 
who dispose a of any merchaie. 
intrusted or 1 t<> him, and applies the avails to his 

•. with in* I tic owner, may he punished 

•id imprisonment 

j rincipal is botffid 
. min< . A 
lit, that is one whn 
yer, "I" does 

.'• business or transaction, 

•in< nt of business, 
■• ithin 1 of his authority, 

r by all his act<, although in 
. bich be iras expressly 

n principal and fact 

a fnrlor im DDOU 

f 1. How 



214 citizen's manual. 

§ 5. The justice of this rule is apparent. A large portion 
of the commercial business of every community, is transacted 
by agents; and if a principal who holds out to the public 
that his agent has general authority to act for him in a < 
tain business, or a certain department of business, could quit 
himself from liability for acts of Ins agent whose authority he 
had limited by secret instructions, bauds would be frequent, 
dealings with agents would be unsafe, and the general busi- 
ness of the country would bo greatly embarrassed. 

§ G. An agent is bound, in ordinary cases, to observe the 
instructions of his principal, even though an act in violation 
of such instructions should be intended for the benefit of the 
principal. The agent must bear, personally, all 
ing out of a noncompliance with his orders; and ll 
accruing therefrom goes to the benefit of the principal, 
agent, nowever, is excused from a Btrict compliance with his 
orders, if after receiving them, Borne sudden and unforeseen 
emergency has arisen, in consequence of which such com- 
pliance would operate as an injury to the principal, and 
frustrate his intention. 

§ 7. When an agent receives no instructions, he must 
conform to the usage of trade, or to the custom applicable 
to the particular agency ; and any deviation therefrom, unless 
it is justified by the necessity of the case, renders him solely 
liable fur all the loss or injury resulting from it. 

§8. An agent is bound to exercise ordinary diligeno 
reasonable skill; and lie is responsible only for the want 
thereof. Ordinary diligence is that which persons of com- 
mon prudence use in conducting their own alfairs. Reason- 
able skill is the average skill possessed by persons of coma 
capacity employed in the same business. 

§9. If an agent exceeds the limits of his authority, he 
becomes personally responsible to the person with whom he 
deals, if the limitations of his authority are unknown to such 

$5. Give some reasons for the justice of this role. $ & How far 

is an agent ordinarily bound by the instructions of his principal? In 
what case may he depart from his instructions? § 7. By what rule 
must an agent having no instructions be governed? $ 8. What n* 
ure of diligence and skill must an agent exercise? 'What are ordinary 
diligence and reasonable skill? 



COMMON AND STATUTORY LAW. 215 

he is in like mar- makes a 

contract in his own nai .me 

- 

had 

:m<l wit:. 

_ 

j 

g 

5 

!■— • :.^-;s ::. : _ •':.;;■_ *x i^es; r in iuvi. _ rod 

_ - . . procuri _ 

■ - - I as 

.::ge 
nsuranc- 

m a factor. He 
s . - 

~ Je ; and when he 
& If a brok 

or if he 
:>coiidu« _ goods 

■ 

igenft upon : 

rs and rr. Tying on 

bu-::.»-~- : r :\ r 4 :.-.::. : ... :. . : ;:.- ; u: .... 

I till the : 
iid, if do n when 

a cred; ptffohaaer pr ... ;ud 

$ 9. In what cases is an agent responsible if he exeee • '- 

Iu 
what dirT- siness do broke LI. la what re> 

does a broker differ from a factor? In what cases does he : 

;*essatk>D? j 12. To what persons besides factors does the right 



216 citizen's manual. 

in obtaining the goods, the seller may take them. Tl: 
cases differ, however, from ordinary cases of lien, as the 
purchaser has not, in reality, acquired any lawful right to 
the property; and the merchant may dispose of the pr op e rt y 
as his own, which can not be done in other cases. 

§ 14. A shoemaker receiving leather to manufacture into 
shoes, may retain the shoes until lie is paid for the make 
a tailor has a lien upon the garment made from anoth 
cloth; a blacksmith upon the horse he an innkeeper 

upon the horse or goods of bis and common earn 

upon the goods they transport But they can not hold 
property for any other debt; nor have tic I to sell 

such property to Batisfy their claim upon it. Whew wet h 
person allows property to go out of 1. non, he i 

his lien. 



CHAPTER LV. 

PARTNERSHIP. 



§ 1. A PARTNERSHIP IS the association Of two or more j>< i 

sons for the purpose <>i carrying on any busin< in- 

to divide the profits and bear tie' L»>s, in certain proporti 
Persons forming a partnership, unite their money or capital. 
Sometimes one furnishes money, and another performs the 
labor. Or, perhaps no money may be necessary, but each 
agrees to do his share of the labor. 

§ 2. All the members of a partnership are bound by the 
act of any one of them, or by any contract which either of 
them may make. Although they agree to divide their gains 
and losses, either one of them is liable for all the debts of 
the partnership. If one of the concern buys property on his 

§ 13. What lien has a person selling goods upon the sroods sold? 
§ 14 What is the lien of a shoemaker, tailor, blacksmith, innkeeper, Act 

§ 1. What is a partnership? On what different terms do partners 
unite? § 2. How far are partners jointly liable? 



COMMON AND STATUTORY LAW. 21 7 

own account, for his individual use and benefit, he alone is 

liable; but though he thus buys it, if it is afterward applied 

to the use of the partnership, all become liable. 

v ^ 3, Tin re are cases, however, when not all who share in 

the re responsible ; as when a clerk or ageni.agrees 

t-» 1 part of the profits as a compensation fbr his ser- 

r; «>r when one receives* as rent* a part of tin 1 

f a tannery, tatern or farm. In these cases, although 

the Bhare in the profits, there is no partnership; and 

the p rsons who buy the stock ami other materials, anjd hire 

rry on their respective trades, are 

ible. 

not bring a new partner info the firm, 

wit! sent of all the others. If, therefore, a part - 

r should desire to sell hi- interest to some other person 

who i- to take his place in the partnership, he can not do so, 

the partners consent to such sale. 

partm rs must unite in suing and being: sued 

tetimes, however, there are secret or dormant, partners, 

who eonceal their names: these may not join in an action 

plaintiffs, but they may be sued when discovered to be 

■ 

h partner is liable for all the debts of the 

ach may, in the name of the firm, in ordinary 

r tli'' l Sects and credits to pay the debts of 

firm. 

rtner may withdraw when he pleases, and 

.;;•, if n<> definite p riod has been agreed 

tinue ; but if. by the terms of 

mtinue for a definite period, it can not 

be diss Jved epilation of the term, without the 

w ail the partners, except by the death or 

tie of them, or by a decree of the 

tnership is dissolved by the withdrawal 

{3. In wl I all who share in the profits liable? Are 

! I -i ; utnerships be altered without 

Fall tin- p.- ' 5 Can partners be ened separately? 

me partner assign nil the effects of tho 

i r withdraw when In- pleac 

10 



218 citizen's manual. 

of any of the partners, notice of dissolution ought to be duly 
published, or a firm may be bound by a contract made by 
one partner in the usual course of business, and in the name 
of the firm, with a person who contracted on the faith of the 
partnership, and who had no notice of the dissolution. The 
same notice is necessary to protect a retiring partner from 
continued responsibility. And even if due notice is given, 
yet, if he willingly suffers his name to continue in the firm, 
or in the title of the firm over the door of the shoo or store, 
he may in certain cases be still liable. 

§ 9. In some of the states, a partnership may be formed 
by a number of persons, some of whom are to be responsible 
only to a limited amount; and their names are not fto be 
used in the firm. J>ut before a partnership of this kind can 
do business, a writing and certificate signed by the parties 
stating the terms of partnership, and the amount for which 
the special partners (as they are called) are to be responsi- 
ble, must be recorded. The terms of partnership must also 
be published in a newspaper. 

ft 10. In partnerships thus formed, called Knitted partner * 
sltij)s, the special partners become liable only to the amount 
mentioned in the terms of partnership. The other parti;* 
called general partners, whose names only are used, and who 
transact the business, are liable for all the debts contracted, 
as in ordinary partnerships. If such partnership is t<> be 
dissolved by act of the parties, before the time expires for 
which it was formed, notice of dissolution must be filed and 
recorded, and published in a newspaper. 

§8. Why ought notice to ho published when a partner retires, or 
a firm is dissolved? §9. How aro limited partnerships formed? 
§ 10. How far are limited and special partners respectively liable? 
Are sucli partnerships authorized in this state? 



COMMON AND STATUTORY LAW. 219 



C H APTE R L VI. 



BAILMENT. 



S 1. Another class of righti and responsibilities are those 
from delivering and receiving properly in trust, 

d, and redelivered, according to agreement 

eiving includes giving and taking goods 

■r and without reward, and in security for debt; 

borr 1 lending; letting for hire ; carrying, Arc. These 

comprehended in the word bailment, which is h-om' bail, 

1. meaning to deliver. 

If a person takes goods to keep and return without 

r- ward, he must keep them with ordinary care, or, if they 

ive injury, he will be liable to the bailor for damage; in 

without reward is responsible only for 

The person with whom goods are deposited, 

•y. A depositary may not use 

ire. 

, thai is, a person who agrees to carry 

. i r to do some other act or work 

apense, must use due dili- 

rforming the work; he is responsible for gross 

- the work amiss; but it is 

and not undertaking or 

dull 4 liable h>v damage If he has been 

Strong]] act, only a fair exertion of his 

abilir. 

$1. \ o included in the term bailment? 

.<• bailor, bailee, depositary. In what 

case- .tliout rewaid liable f<>r damage? y}'.\. What is 

odatary Bable for uon ace; and 



220 citizen's manual. 

5 •• 

lect. 11* he applies the article borrowed to the use tor which 

he borrows it, uses it carefully, docs not allow another to use 
it, and returns it within the time for which it was borrowed, 
he is not liable. 

§5. A person who receive in security for a d< ' 

engagement, is liable for ordinary But if he I 

stows ordinary care upon the >^»n}>, and they should then 
be lost, be still has a claim upon the pawnor for the debt 

§ G. When property ia hired, that is, when somethi 
to be paid for the use of an article, and it is injured by no 
erate usage, the owner bears the loss; but the hirer must not 
it for any purpose but thai for which it is hired, and be 
must return it promptly, or be is liable for damo 

§ 7. If an article i.> delivered, upon which work is to be 
bestowed, the work must be properly done. A manufacturer 
who rec< ives wool to make into cloth, or the tailor who ta 
cloth to make into a garment, must do the work well, or he 
is liable tor damage. .It' the property Bhould be k-t or 
stolen, he is responsible lor ordinary neglect 

§8. Innkeepers are, in general, responsible for all injuries 
to the goods and baggage of their guests, even lor thefts. 

o SO o 

But for losses caused by unavoidable accident, or robbery, 

they are not liable. 

§0. A common carrier, tli.it i-, one who carries goods 
for hire as a common employment, is responsible to the owner, 
even if robbed of the goods. Ian a person who occasion- 
ally carries goods for hire is not a common carrier, and w 
answerable only for ordinary neglect, unless he e\pr 
takes the risk A eonnnon carrier is one who holds himself 
out as ready to carry goods as a business, by land or by 

water, and is answerable for all losses, except in cases of 

public enemies, as in time of war, and in case of the act of 
(rod, as by lightning, storms, floods, (fee. 

§4 In what case is a borrower liable for damage) J 5. In what 
rase is the pawnee liable? What is a pawnor? A pawnee? $i\. 
How is liability incurred for damage to a hired article? J 7. How 

dees «i man become liable who receives an article t<> do work upoiil 
§8. For what are innkeepers responsible? $9. For what are common 
carriers liabk'? Who are common carriers? 



COMMON AND STATUTORY LAW. 221 

8 10. Proprietors of a stage coach do not warrant the 

in the character of common carriers; and 

onsible for mere accidents to the persons of 

tl u . i re, I ut only for want of due care. Slight fault, 

is, or aegligence, either as to the sufficiency of 

. or to the act of driving it, may render the 

osible in damages for injury to passengers. But 

ublic carriers, they are answ< rable for the Loss of a box 

Is, though ignorant of its contents; unless 

tls the value or nature of the 

ri< r by treating it as <.i little or no 

Public carriers are responsible for the baggage of 

though they advertise it as being at the 



CHAPTER LVII. 

PROMISSORY NOTES. 



is a writing by which one person 
certain Bum of money, for some value 
ived by I The following is a form: 

* Buj palo, March 4, 1852. 
months a . I promise to pay to John Jones, 

dollars, for value n «•< ived. 

iiUEL Smith." 

written may be bought and sold as prop- 

i a!, and perform, in many cases, the same office 

if in the above note the words "or bearer' 1 

Lit would doI the same qualities; or, as 

$10. For what nre proprietors of b( sponsible? Are 

$ 1. - ial form of a note. 



222 citizen's manual. 

men say, it would not be negotiable; there being no promise 
to pay any other person than Jones. It might be sold; but 
the buyer, if obliged to sue, must sup in the name of Jon 
in which case, Smith might offset against the note any 

mands which he might have against Jones. The words or 

bearer should therefore be inserted, that any holder may 
collect it in his own name. 

§ :>. Notes are also made negotiable by writing the words 
or order in the place of "or bearer; 91 but in this case, the 
person to whom a note is payable, who is called the payee, 
or promisee, must indorse it; which is done by writing his 
name on the back of it Such indorsement is considered, in 
Jaw, as his order to the maker or promiser to pay it to an- 
other person. Being thus indorsed, it is ru 
it becomes a Bubject of purchase and sale, and may j 
from hand to hand by simple delivery, as if made payable 

to bearer, and be sued in the name of any bona fide holder. 

§4. It is usual to insert the words, "value received, 
evidence that the note was riven Ara valuable consideration; 

for ii will be recollected, that contracts arc not valid without 
such consideration. But a note is good without these words. 
Whether they are inserted or not) the note is presumed to 
have been given lor a valuable consideration; and the maker 

can not avoid his obligation to pay it, without making it, 

appear that no value was received. 

§5. A note made by two or DOOre {>• rSOnS may be joint, 
or joint or several. When it is written. M \\Y promise to p ; 
it is only a joint note, and all must be sued together. If 
written, "We jointly and severally promise i" pay," they 
may be sued either jointly or separately. Or if written, 
"I promise to pay," it is treated as a joint and several r. 
A note written, M We promise, 91 and signed, A. R principal, 
and C. D. security, is the joint note of both; and if written, 

§ 2. Why are the words, or bearer, inserted '! § .'}. What is the 
of a note's being made payable to order? J t. Is a note good with- 
out the words " value received?" How only can a maker avoid his 
obligation to pay it? $ 5. If a note made by two or more persons is 
written, " We promise to pay," what is the effect? If written, "joint- 
ly and severally," what? If written, " I promise," cte.? If written, 
"We promise," and signed, A. B. principal, C. D. security? If writ- 
ten, "I promise," and similarly signed? 



COMMON AND STATUTORY LAW. 223 

■ I promise," Mid signed in the same manner, it is the joint 

and several note of both. 

§& Any person having- in possession a negotiable note, 
though a mere agent, is deemed the true owner, and may 

sue on it in his own name, without showing title. The bona 

• holder can recover upon (he paper, though it came to 
him from a person who had Btolen or robbed it from the true 

provided he took it innocently in the course of trade, 
for a valuable consideration, before it was due, and with due 
caution. Jf. however, suspicion is cast upon the title of the 

bowing that the instrument has got into circula- 
Of fraud, then the holder must show the con- 
. it. 

rved, that a man can not convey to 

lid title to property which is not lawfully his 

; and hence, that the purchaser of stolen goods must 

them up to the lawful owner. The exception to this 

. in the case of promissory notes, seems, however, to be 

tided in reason and good policy. The use of negotiable 

• r in commercial transactions is of great public conve- 

and it i^ proper that, for the sake of trade, protection 
to the holder of such paper who receives it 
fairly in the way of business, though it has been paid, if he 
it fell due. 
But it i^ equally material for the interests of trade, 
LOuld have due protection. Hence, if a per- 
son m a s t r a nger without inquiry how he 
came 1 J e it in the usual course of business, 
ity incurred on the credit of the r.ote, 
ifl periL But the owner, in order to place 
-;d <{ie->ti«>n, ought to use due diligence 
; unite of the L.<s of the note. 

ment of a note, in the view of the law, 

anv . on the part of the indorser, with the 

iy subsequent holder; (I.) That the note 

holder of a negotiable note sue on it in his own nan 

i] it' he ha- booghl it of n person who baa >i"l<'n it? 
•pti'.h? What rood n asen is 
I § BL On the other ha. id, what protection 
f BBCfa !.- •: 



224 citizen's manual, 

and the antecedent signatures arc genuine; (2.) That he, 
the indorser, has a good title to the note; (3.) That he is 
competent to bind himself ai indorser; (4.) That the maker 
is competent to bind himself for the payment, and will i 
it when due; (5.) That if not so paid by the maker, he, the 
indorser, will, upon due notice given him thai the not 
dishonored, pay the same to the indorsee, or other bolder. 
§ 10. An indorsement made by writing the name only on 
the back of a note, is called a blank indorsement A full 
indorsement is one which also points out the person to \vh«>m 

the note is to he paid But a blank indorsement maj 

filled up at any time by tin* holder. For example: A I 
is payable to "John .lay, or order," or to "the order of John 

.lay/' who indorses it in blank, which makes it payable to 
any other holder. But if the indorsee, the person to whom 
it is indorsed, wi>hes it paid to any particular person, he D 
fill up the blank by writing a request to that effect a 1 
name of the indorser, thus: "Pay t«» George Bruce, 91 
"Pay to George Bruce or order;" who, again, may by in- 
dorsement order it paid to some particular person. Or, by 
indorsing it in blank, or ordering it paid to the bearer, it 
would again pass, as at iir>t, by mere delivery. 

§11. in ordinary business transactions in the country, 
notes intended t<> be negotiable, ore usually made payable to 
bearer, as in the form given, (§1.) And the young reader, 
inexperienced in business, may not know why they are not 

always 80 written. One advantage of making a note payable 
to order, is the protection which it affords to the holder Or 
Owner, in case the note should be lost or stolen. Take, far 
example, the note indorsed in blank in the ease 1 in 

the last section. The owner, we will suppose, resides in 
Buffalo, and the maker in Detroit. The owner fills the blank 
over the name of John Jay with a request to " pay to 
Bruce," also residing in Detroit, to whom it is sent by mail, 
to be by him presented to the maker for payment And 

$ 9. What several things are impliod in an indorsement? § 10. What 
is the difference between a blank indorsement and a full indorsement? 
Give an example of the effect of a blank indorsement. §11. Why 
are notes not always made payable to bearer? Give an example 
Bhowing the utility of being made payable to order. 



COMMON AND BTATUTOftY LAW. 225 

old the note, by accident or fraud, fall into the hands of 
payable t# Bruce only, or bo Ins order, the 
ted from I 
§12, A : rson buying a note after it has become due, 

takes it at his periL Although the holder may sin- it in his 
q name, the maker may set off any demands which he 
had against the promisee before it was transferred. But 
when notes in which no day of payment is expressed come 
under the operation of this rule, is a question to be deter- 
mined by circumstance s. 

S 1 are due immediately; 

yment need m manded before the holder can 

if no time men! is mentioned in a note, it 

lue when given, and no demand of payment is necessary. 

Bui : .t, or at a specified time after sight, 

payment before it can be sued. 

lay "ii which a note is made payable, the 

is allowed lays for payment, which are called 

Che day on which the note becomes payable, 

is I counted one of the three days. Thus, a note 

dated the first day of January, having three months to run, 

i the first day of April, which day is included in 

that the last day of grace is the fourth 

. a n<>le dues DOt l>e- 

ationed on its face, but on the hust 

of indon . and their 

bind 

ipon an ind< >rser of a note p aj i 
The oi or imp rfect performance of th< 

dorsers from liability. 
In i hold an indorser responsible, the holder must 

. ment of the maker, and q 
. fault to the indorser. The object 

\ 13. Most 
maud, an< I I for pa} menl be- 

i 

\ 15. Wh-ii an i:i- 

poa« 

;■ : Why : • 

10* 



226 citizen's manual 

of such demand and notice, is to afford the indorser opportu- 
nity to obtain security from thdSe for whom he has become 
liable. 

§ 16. Demand of payment must be made of the maker of 
a note on the last da^ r of grace ; or, if such day falls on Sun- 
day, or the fourth day of July, or any other day recognized 
by law as a holyday, or day of public rest, then the demand 
must be made on the second day of grace. If the third day 
of grace should fall on Sunday, and any holyday as Christ- 
mas, or fourth of July, should happen on Saturday, the 
demand must be made on Friday. As the bolder may bo 
required to prove that payment has hern demanded, it must 
be done in presence of one or more witnesses As to the 
time of day when the demand should be made, it is consid- 
ered that the maker is entitled to the latest convenient tl 
within the customary business hours of the place where the 
note is presented. 

§17. If, in consequence of the removal of the maker be- 
fore the note becomes due, or from any other cause, his 
residence is unknown, the holder must make endeavors to 
find it, and make the demand there; though, if he has re- 
moved out of the state, it is sufficient to present the note at 
his former place of residence. If the maker has absconded, 
that will, as a general rule, excuse the demand. 

§ 18. If payment has been demanded and refused, notice 
thereof must be given to the indorser; and one entire day 
is allowed the holder to give such notice. U the demand 
is made on Saturday, it is sufficient to give notice on Monday. 
If the indorser resides in the same town, he may be notified 
personally by the holder, or by a special messenger sent to 
his dwelling-house, where notice may be given personally, 
or left in a way likely to bring it to his knowledge. If the 
parties reside in different towns, notice may be sent by mail; 

§16. On what day must payment be demanded? By what occur- 
rences is the day for the demand changed? At what time of day 
should the demand be made? § 17. In case the maker of an indorsed 
note has removed, and his residence is unknown, how must the de- 
mand be made? § 18. H(*v soon after the demand of payment and 
refusal, and in what manner, must notice be given to the indorser to 
hold him liable? 



COMMON AND STATUTORY LAW. 227 

in which ease the notice must be put into the poet-office, or 

mailed, as early a* the next day after the third day of -race, 

rwarded as le thereafter. Or, 

may be sent by a private conveyance^ or special 



CHAPTER LVIII. 

BILLS OF EXCHANGE INTEREST USURY. 

$ 1. A bill q - an order drawn by one person 

on another, requesting him to pay money to a third person. 
The foil B form : 

"Cleveland, August 5, 1852. 

"Ten day- aft r Bight) pay James Johnson or order, live 
u hundred dollars, value received 

Peter Price. 
"To Thomas Thompson, 

Merchant,New York," 

D wfll I ' that this is. in effect, the same as an 

1 3 11 1 when drawn by mer- 
chants in commerci sin distant orders 
of this ; ]l«'d bills of exel They are often 

- in mercantile business. Bil]p 
called fori ign bills 
which are drawn on persons in dis- 
tant } mtry, are, by way of distinction, 

tore and m of n bill of exchange are 

I: A, in X» w V<»rk, has $1,000 due him from 

sn i rder on I) for that sum. 

$ 1. v irhoM 

distinction 
ind lalaad bills »1 '■'<■ Show IIm 

• 



228 citizen's manual. 

and C, who is going to New Orleans, pays A the money, 
takes the order, and receives bis money again of B. Thus 
A is accommodated by receiving his debt against B, and C 
has avoided the risk in carrying the money from place to 
place. A, who draws the bill, is called the drawer* B, to 
whom it is addressed, is called the drawee, C, to whom it 
is made payable, is the payee. As the bill is payab 
or his order, he may, by indorsement, direct the bill to 
paid to D; in which case C becomes the indorser, and D, 
whom the bill is indorsed, is called the in 

§4. If, when the bill is presented to the drawee, 
agrees to pay it. he is said to accept the bill; an I 
of the fact^ writes hi ance upon it. An acceptance 

may, however, be by paroL Tie 1 acceptor of a bill is the 
principal debtor, and the drawer the Burety. The accej 
is bound, though he I without i ition, and for 

the sole accommodation of t!i<' drawer. But payment mast 
be demanded on the last day of grace; and, if refiu 
notice of nonpayment musl 1)<- given to the drawer, as in 
the case of an indorsed note. 

§ 5. No precise time is fixed by law at which bills payable 
at sight, or a certain number of days after Bight, musl 
presented to the drawee for acceptance; though an unr 

SOnable delay might discharge the drawer. A bill payable 
on a certain day after dale, ne< d not be presented i> »r accept- 
ance before the day <>f payment; but if presented l 
becomes due, and acceptance is refused, it is dishonored; 
and notice must be given immediately t<> the drawer. \( a 
bill has been accepted, demand of payment must be made 
Upon the acceptor when the bill falls due; and it must be 
made at the place appointed for payment; and if noplace 
is appointed, then at his house or residence, or upon him 
personally. 

§ 6. A check upon a bank, (See Chap. XXV, § E 
another kind of negotiable paper. It partakes more v\^ the 
nature of a bill of exchange, than a promissory note. It is 

§4. How is a bill accepted? When must payment be demanded to 
keep the drawer liable? $ 5. At what time, and where, must a bill 
be presented to the drawee? § 6. What is a bank cheek? Which is 
is it most like ; a bill of exchange, or a promissory note? 



COMMON AND STATUTORY LAW. 229 

direct pr pay; but it is an undertaking, by the 

r that the drawee shall accept and pay; and the 

ie draw- i pay. 

A check payal - by delivery; and the 

inland bill of exchang 
■ 

usually mad.' by a 

and in >f the 

. and of the r I proof of 

art This oertific lied a pr 

which m- - be noted on the 

. oand; though it may be drawn up in form at 

a tut a ire appointed in all commercial 

ible busii ss. 

an inland bill of i jener- 

iryin this country; though it is the prac- 
ills, drawn in one state on persona in another, 
N i | : si is legal evidence in court, 
ign bill. Yet it is expedient, in 
a of inland bills, to employ notaries when evidence 
(cause they are easily found when wanted 
ills drawn in one state and 
deemed foreign bills; and their pro- 
cured - N > able at banks are also 

r for 

is, a ■ 3 to another 

a I -r the use of it 16, which 

Promiseon usually made 

. 

I by a law of lli'- - 
til the States. [( at. in 

all tfa • following: New Fork, South Caro- 

osin, in which it is * m n per 

a land Florida, in which it is eight per 

at. ; baHk in: cent; 

$7. By whom i- ' 

What '.' v} B, What - 

inland 

j 10. 



230 citizen's manual. 

Mississippi, eight per cent, on loaned money ; six on contracts. 
In the following states, higher rates may be taken by special 
agreement: Missouri, ten per cent.; Wisconsin, twelve; Ohk), 
twenty ; Louisiana, twenty-eight. [California is not included 
in the above list of states.] 

§ 11. A higher rate of interest than that fixed by law, is 
called usury. Not only can no mure be collected 00 any 
contract or obligation than the lawful rate, but in most of the 
states there is some forfeiture for taking usurious inter 
In some states, the whole debt is forfeited; in others, tn 
or thrice the excess above the lawful interest; and in Btirae, 
only the excess taken can be recovered. In the stats 
York, no pari of a usurious debt can be collected: but if it 
has been paid, only tie* excess above the lawful interest can 

be recovered. Perhaps this is the law in some oth. r -tales. 



LAW OF NATIONS. 



CHAPTER LIX. 

OI#I(iIX AND PBOGBB8S Of the law OF NATIONS AND THE 

NATURAL, CUSTOMARY, AND CONVENTIONAL LAWS O! 

TIoNS, I) | IT NED. 

§ 1. In the course of this work, we have considered the 
necessity and nature of government and laws; the different 
forms of government under which the people of different 
communities are associated, especially that which has b 
adopted by the people of this country; and we have given 
an abstract of he principal laws by which their rights are 
defined, and tin ir duties and mutual obligations, as individ- 
ual citizens of the state and of the nation, are enjoined. As 

§11. What is usury? What provision is made in the several states 
against usury? 



LAW OF NATIONS. 231 

the | f the United In their national capacity, 

occupy an important position in the great community of 

national the author deems it prop r to subjoin a compend of 

the rules by which in: between nations is regulated 

J 2, '!':.■ I .v. i : nations, in its present improved Btate, has 

Ancient nations were lil rned by 

principles of natural justice. little respect was paid 

one nation to the rights of the persons ami property of 

ither. Robbery on land and s» -a was not 

only norable; and prisoners of 

ther put to death, or reduced to slavery. By 

::al law. < >mn* r< ed, and per- 

bi tween nati 
manent improvement in the law of 

nat; 3 fi been made until within the last three 

or i -. By the lii;: nee and Christianity, 

1 obligations of nations have come to be bitter 

und< aid more generally regarded. Commerce also 

l done much to improve the law, by showing that the true 

interests of a nation are promoted by peace and friendly 

we find the nations of Europe and America 
rules of international law. And as 
ity Bhall become more widely difius 

the law of nations 
will una And may we 

improvements, the practic 

IT will be led, and i 

1 and humane fo I, that of referring ail 

of adjtu 
some disintei m? 

§ 5. 
authority to mak 

and try and punish - But 

ribunal b brought 

nat i 



232 citizen's manual. 

to answer for the violation of the rights of another. Every na- 
tion, however small and weak, is independent of every oilier. 
Hence, when injuries arc committed by one upon anotl 
the offended party, unless it chooses quietly to endure the 
wrong, must obtain redress, either by appealing to tl 
of justice of the party offending, or by a resort to fo 

§0. The equality and independence of nations, without 
respect to their relative strength or extent of territory, is a 
settled principle of national law. 1. a right I 

lish such government and tolerate such religion as it thii 
propci-, and do other nation has a right to interfere with 
internal policy. T<> this general rule, however, writers make 
an exception. The natural right of every state t#» provide 
fur its own safety, gives it the right to interfere where its 
security is seriously endangered by the internal tran 
of another state. But it is admitted, that such cases an 
very rare, that it would be dangerous to reduce them to a 
rule. The right of forcible interfere nly to be interred 

from the circumstances of the special c 

8 7. Bo also cases seld«»m arise; when one nation 1 
right to assist the subjects of another in overturning or 
changing their government It is generally agreed, that 
such assistance may be afforded consistently with the Ian 
nations, in extreme cases; as when the tyranny em- 

inent becomes so oppressive as to compel the people to rise 
in their defense, and call for assistance. It is held that 
riders may, by an unwarrantable <\. rcise of power, vi 
th(* principles of the Bocial compact, and give their subji 
just cause to consider themselves discharged from their 
allegiance. 

§ 8. When the subjects of any government have carried 
their revolt so far as to have established a new state, and to 
give reasonable evidence of their ability to maintain a _ 
ernment, the right of assistance is unquestionable. But it is 
not clear, that, prior to this state of progress in a revolution, 
the right to interpose would be justifiable. The assistance 

§ 6. What are the rights of each nation, in regard to i:- 
ernment and safety? §7. In what cases may one nation aid another 
in changing its government? § 8. In what stage of a revolution is 
the right of assistance justifiable? Give an example. 



LAW OF NATIONS. 233 

untry, during the war of OUT rev- 
>lution, i of the lft w of nationa The states 

having thro* fiance to Great Britain, and 

of their own, any foreign nation 
bad a right to assist t .-tiring their independence. 

§ 9. . however, in which nations are not 

wholly independent The happiness of mankind, bs has 
pends upon association. (Chap. I. §5, 6.) 
Without the e which men in the social state derive 

from each other, they could scarcely support their own being, 
dlar to this is the mutual dep of nations. Al- 

ly nation have within themselves 
[ maintaining their individual and national exisi- 
erity and happiness are greatly promoted by 
ith other nations. And as laws are necessary 
induct of the individual citizens of a state, 
so certain rules are necessary to regulate the intercourse of 

'. It has been observed, also, that the law of nature, 
h is in accordance with the will of the Creator as ex- 
wealed law, is a perfect rule for all moral 
and social beings, and ought to be universally obeyed; and 
that nee conduces to their highest happini 

LW upon nations: n<>r is the general 

I less promoted by its application to the 

plication to the affairs of 

i to respect the 

m w bai th< ir necessi- 

iible "f eking, consistently 

with the . 

it is 

i are 

times th<- n,tt rnql law 

ing on tJ. 

J 9. national ii 

$ in. By H i '.' What 

law 
call • zemwy to regn 

nati divided! 

10A 



234 citizen's manual. 

§12. Although, as has been elsewhere remarked, (< 

II, § 12,) tin' law of nature, as expressed in tin- law of rev- 
elation, is a corn-ct rule of human conduct; yet, as much of 
this law consists of general principles from which particular 
duties can not always be deduced, positive human em 
ments ai iarj to define the law of nature and rev- 

elation. So also an important pan <>f the law of nati 
necessarily consists of positive institutions. Hence, some wri- 
ters have divided international law under these two princ 
heads: the natural law of 

§ 13. The positivi law of nati winded on usag 

custom and agreement; and may be consider 
erly divided into the law of nations, and the 

conventional. The cuetomary law c 
tain maxims, or is founded on customs and usages which hi 
long been observed and tacitly consented to by nations, and 
which thereby become binding upon all who have 
then>, so far as their observanc not require the viola- 

tion of the law of nature. 

§14. A conventional law of nations is one thai 
established by a treaty or league. A convention is an 
sembly of persons who meet l<>r civil or political purp - 
But an agreement or contract I nations, though ra 

without a formal meeting, is deemed conventional i 
manner in which treaties art' made, Q dcscril 

(Chap. XL, §*.) 

§ 15. Thus the rights and into nations do not de- 

pend for their security entirely upon the law of nnt . 
which is liable to misconstruction. Nor, bo fir as they arc 
dependent upon positive institutions, do they rest wholly 
upon the vague and uncertain law of US custom. 

Conventional law, because more definite, ha- been faind to 
afford far greater security to the right- aunerce. 

Hence the practice, now common among nations, of regu- 
lating their intercourse by negotiation. Treaties <»f com- 
merce have been formed between most of the principal 
commercial states in the world. Their utility in regulating 

4 13. On what is the positive founded? Define the customary. 
$14. Define the conventional. $ 15. What is the general advantage 
of conventional law? 



LAW OF NATION'S. 235 

le between states, is do [ess than that of written agree- 

meats k tween individuals, by which the rights of the con 
traeting parties are placed beyond dispute. 

§ it;. One advantage of treaties of commeroe is, that a 
nation may, if its interests demand, enter into treaties grant- 
ing special privili jea me or more nations, without giving 
just cause of off< ose to others. Such Bpecial fevers, how- 
ever, should not bo granted without good reasons. It is the 
• of every nation to respect the rights of ail others, and 
to cultivate that mutual good will which is the result of 
and impartial dealing. 
§ 17. it may that, if eaeh nation is independent 

of every other, and it' there is no constituted authority to 
enforce the fulfillment of treaty stipulations, the lights guar- 
antied by tread* a are still insecure. Few governments, 
levoid of a sense of honor, as. by a palpable 
violation of their treaty obligations, to incur the odium and 
lemnation of all mankind. Self respect, and the fear of 
provoking a Avar, have generally proved sufficient incentives 
to the observance of treaties. 

3. The obligations of nations are sometimes called im- 

fect obligation is one that can be enforced — 

rhere there is a right to compel the party 

a rests to fulfil] it. An imperfect ob- 

- only the right to demand the fulfillment, leav- 

je what his duty requires, and 

constrained by another to 



OH APT E B LX. 

Till: - OF NATIONS TH! AM) OB- 

LIG UII-: BIOS • • ho, 

Si. ' ) highway of 

■all ■■ main o >pen 

iudaced l v ; & I define per- 

- 



236 citizen's manual. 

to all mankind; and no nation can appropriate it to its own 
exclusive use. Every state, however, lias jurisdiction at 
over its own subjects, in its own public and private 
The persons on board such vessels are protected sod g 
erned by the laws of the country to which they . §mi 

they may be punished by these laws for ofl mmittod! 

on board of its public 

§ 2i The question bow far a nation has jurisdiction 
the seas adjoining its lands, is not clearly BettlecL It spo 
to be generally conceded, thai a nation 
elusive dominion over navigable rivers ll> 
territory; the barbors, bays, gulfs, and arms of the 
such extent Ijoining its territoi 

the safety of the nation, which is considered b] to be 

as far as a cannon shot wiU reach, or about a m 
Different nations have ai times claimed much wider juris- 
diction into the sea; but such claim 
authority. 

§3. it is the duty of a nation, in time of : 
the people of other states a p i r its lands and wat 

so far as it can be permitted without inconvenience, and i 
safety to its own citizens. Of this the nation is to be its own 
judge. The right of passage is therefore only an i\ 
right, so called, because the obligation to grant tin 
an impi igaiwru (See Chap. LIX, § 18.) Wh 

ever, therefore, the interests and b 

it, foreigners may be prohibited from coming within its 
territory. 

§4. The right of a state to keep foreigners out of its b r- 
ritory, is incident to, or results from the right of domain. 
Domain, in a general sense, signifies i >n, or est 

and is perhaps more frequently applied to lands. Ap] 
to a state, its means its whole territory, with every thing 
included in it. And with respect to other states, the prop- 
erty of the individuals in the aggregate is to be considered 
as the property of the nation. The right of domain is 

§ 1. "What arc the rights of nations on the ocean? § 2. To what 
distance from land, and over what waters, does the nation's jurisdic- 
tion extend? § 3. What is said of the right of passage over a nation's 
territory? § 4. What is the right of domain, and its extent? 



LAW OF N.wiON-\ 

anted; that is. the state has the sole and exclusive right 
ioion Bad control of the territory and other prop* ty 
within tfa 

the duty <'t*a nation to allow foreign- 
ad settle in the i On being admitted 
into I for their protection, 
and s laws while they reside in it; 
and in considerati u of ii i >n they receive, tiny are 
obliged to aid in defending it, and in supporting n rn- 

kdmitted to all the rights of 

mmitted crimes in one 
lothcr for shelter, the state into which they 
Bee b not bound to rescue them from justice. A per 
charged with crime, can be tried only in the state whose 
laws he has violated. It is the duty of the g 

ernment to surrender the fugitive, on demand being made 
by the proper aui from which the person 

i after due examination by a civil magistrate, if 
ear to the magistrate that there are sufficient 
grounds for the «. . The surrender of criminals is often 

for in trei 

I iw of nations, which mflkes for 

towhich they remove, 

e wholly exempt 
try to whieh 
n when All that can 

.'lit, 

of liberty by confine- 

.nd their punishment 

§8. As the interests of i I by inter- 

with the view of maintaining friend- 
ly ]-• i well as 

ating their respective 
: nation havi and 

$ 5. \ 

■ 

Tor wluit 
reason U u 



238 citizen's manual. 

communicate with every other, it ought not to be deprived of 
the services of its representative. Hence, by the g eneral 
consent of nations, the persona and property of i 
and other public ministers, Eire held Bacred and inviola 

§9. Embassadors arc by the law of nations, emit! 
the same protection in the countries through which they j 
in going to, and returning loan, the governm bich 

they are sent. And to insure them a safe 
been the practice with some governments to granl { 
tola; shown in ease they were required. A \ is a 

written Ecense from the authority of a sfc 
mission i induct for one to pass through it- territ 

Passports, though named in our law, are Dot known in pi 
tice, being deemed unnecessary. 

^ 10. An embassador is < ntitled to >n, by the law 

of nations, on his entering the I 

which be is sent, and . n; though he is 

not insured the enjoyment of all J until he is form- 

ally received by the sovereign, and has presented his creden- 
tials; which are letters of attorney from bis own sover i 
giving- him his authority. In this country, ministers b 
abroad are received by the president. 

§11. If a minister at a foreign court treats the soven ign 
with disrespect, the tact is sometimes communicated to the 
government that sent him, with a request for in- recall, i 
if the offense is ■ more serious one, the offende 
refuses intercourse with him while Ins master 3 • i> 

awaited. Or, if the case is an aggravated one, he expels 
him from the country. Every government has a right 
judge for itself whether the language or conduct of a for- 
eign minister is offensive. 

§12. Ministers at foreign governments, in their neg 
tions or business correspondence with those government^ 
sometimes consider themselves ill-treated, and their own na- 
tion dishonored, and take their leave and return home; or 
the minister informs his sovereign, who either recalls him, < t 

$ 9. What privilege have they in the countries through which they 
pass? What is a passport? § 10. When do they become fully possr- 
of their rights? By whom are they received? §11. How are tiny 
treated for" bad conduct? § 1 -- What if they are ill treated? 



LAW Off NAT. 239 

ftak< other measure as he shall think the honor and 

>f his Qatioo demand 
. The peculiar condition of a country, the nature of 
\ upon which an i t is Bent, or the per- 

:i character of the embassador, m ty be such as to justify 
'nment in r to receive such embassador. But 

in order to e the amicable relations of the two 

countries, satisfactory explanations aught to be made, or 
red for the n fus 
;. Ministers have not power to bind their 
any treaty or agreemi at An ordinary credential, or letter 
authorize a minister to bind his bov* 
conclusively. He could not do so without a special 
S authority so to bind his principal 
so imprudently. Their minis- 
ret instructions, which they are not hound 
Even the treaties signed by plenipotentiaries, 
(a i oifying full power,) are, according to present 

f no force, until ratified by their sovereigns. 
. We have used the words embassador and minister 
tout distinction. The different titles applied to represen- 
irts, do not indicate any material differ- 
d them as to their powers and privileges, but the 
of dignity and respectability which custom 
rently classed by dif- 
rriters. Perhaps the following is correct : (l.) Em- 
.aid ministers plenipotentiary. (3.) 
(4.) ( lharges d'affaires. The 1 faited 
I by ministers and charges d'af- 
Ihap. X L | »'•. T.i 
I titled to the privileges enjoyed by 

I the laws of the country in 

The print ipal duti< s of consuls h 
beei i! has been found to be one 

nation has a consul in 

times net n 

nstitutei the princi- 

■ 

II" ware 
their r 



240 CITIZEVS MANUAL. 

every considerable commercial port in the world, 
duties and privileges are ly limited and defined in 

treaties of commerce, or I iws of the country which 

the] at As i;i ti, orals carry a 

t&ficate of their appointment, and mi 
as consuls by the aent within * I 

reside, before they can perform any duties pertdhing to ti] 
oil ice. 



C II A.PTEH I 



OFFENSIVE and DEFENSIVE WAR — 
OF WAR — RE 

§1. COH 

rifice of human life and I 

thereon; and LtS dem men 

have formed the conclusion, that all wars are incoi pith 

the principles of Christianity, and I ng, 

§2. Bu1 it is not our purpose to discuss the q 
the lawfulness of war. The general opinion 

Christian nations will be B arly, that 

vation, or the right i irt of the 

our nature; and thai it i^> the duty of eivii 

the lives and property of its members; and Earth such 

protection is an essential consideration on which they enter 
into the social compac 

§ .*. Wars are offensive and defensive. Ti, 
to obtain justice for injuries done, is offensive war. The mak- 
ing use of force agaiflfet any power that attacks a nation or its 
privileges, is defensive war, A war may be defensive in its 
principles, though offensive in its operation. Tims, one nation 
k preparing to invade another; but before the threatened inva- 
sion takes place, the latter attacks the former as the best mode 
of repelling the invasion. In this case, the party making the 

§1. What are the nmsequences of war ? §2. What is the common 
opinion as to the lawfulness of war ? §3. What is an offensive war ? 
A defensive? Define belligerent and neutral. 



LAW OF NATION'S. 241 

attack would be acting on the defensive. (See § 12.) The 
contending parties are called MftgN rents. The word belligerent 
is from the Latin bclhnn, war, and <jero to wage, or carrv on. 
Nations that take no part in the contest, are called neutrals, 

§ 4. War ought never to be undertaken without the most 
BS. In the first place, there must be a right to 
make war, and just grounds for making it. Nations have no 
right to employ force any farther than is necessary for their 
own defense, and for the maintenance of their rights. Sec- 
ondly, it should be made from j) roper ?notives; the good of 
the state, and the safety and common advantage of the citi- 
zens. Hence, there may be just cause for war, when it 
wuuld be inexpedient or imprudent to involve the nation in 
such calamity. 

§ 5. Tie- numerous objects of a lawful war may be re- 
duced t<> these three: (1.) To recover what belongs to us, or 
btain satisfaction for injuries. (2.) To provide for our 
future safety by punishing the offender. (3.) To defend or 
protect ourselves from injury by repelling unjust attacks. 
The first and second are objects of an offensive war; the 
third is that of a defensive war. 

§ G. Injury to an individual citizen of a state, by the sub- 
another state, is deemed a just cause of war, if the 
peisoni offending, or the government of the state to which 
the] do not make reparation for the injury ; for every 

nation is responsible for the good behavior of its subjects. 
But, although this would, according to the law of nations, 
rd justifiable cause of war, neither the honor nor the true 
interests of a nati-»n, require, that war should always be made 

for so slight a cause. , 

Th<- honor and dignity of a nation would, in some 
It maintained by its making indemnity to its in- 
jured citizens if satisfaction i* refused, and suffer the wrong 
to nasi urn- An individual who, though under the 

sanction of law, should avenge every slight act of violence 
committed npOD bit person, by inflicting personal chastisement 

§ 1. For what i air should war be made? $f>. What ob- 

jects render ware lawful? }& What is deemed a VUA war? 

_-;it war for such cause always to be made? $7. What general 
ought to govern injured DSboi 
11 



242 citizen's manual. 

upon the offender, would forfeit the public esteem. Nor, as 
we suppose, is it necessary for a nation, in order to retain the 
respect of civilized nations, to seek redress for <\<vy trifling 
injury, by a resort to war. A just sense of duty would 
suggest forbearance, at least until remonstrance against the 
repetition of injuries should be found unavailing. 

§ 8. A government that unnecessarily involves a whole 
nation in war, assumes a fearful responsibility. I h rally, the 
injury sought to be redressed should be serious, and satisl 
lion be demanded and refused, before recourse is had to 
arms. And where there is a question of right between the 
parties, th<- government making war ought to have no r 
sonable doubt of the justice oJ its claim. And even win n 
no such doubt exists, il would be the duty of such 

to prevent a war, if possible, by proposals of comproa 

And it is believed that, in no case ought war to be made until 
attempts have been made to effect an adjustment of difficult 
by compromise, or by offers to submit them for arbitration. 

§9. These sentiments, it is admitted, do not accord with 
the general practice of nations; probably they will not re- 
ceive the assent of every reader. But it is believed, that 
those who are well instructed in the precepts of revealed 
religion, and draw their i<leas of moral obligation frott that 
system of morality, will find in these sentiments nothinj 
condemn. In this enlightened, Christian age, almost all na- 
tional controversies might be honorably settled without blood- 
shed, even when, according to the law of nations, ju^ 
of war exists, if the party aggrieved should faithfully elide;/ 
by all proper means, to effect a peaceable adjustment. 

§10. One of the means by which satisfaction is sought 
without making war, is that of reprisals. (Sec Chapter 
XXXIX, § 15.) If a nation has taken what belongs to an- 
other, or refuses to pay a debt, or to make satisfaction for an 
injury, the offended nation seizes something belonging to the 
iormer or to her citizens, and retains it, or applies it to her 
own advantage, till she obtains satisfaction: and when there 

$8. What efforts to prevent war ought to he made before it is 
waged? §9. Whence may we derive the most correct ideas of moral 
obligation? § 10. What are reprisals? For what cause are reprisals 
made? What is confiscate? 



LAW OF NATIONS. 243 

I be no longer any hope of satisfaction, the effects thus 
Ated, and the reprisals are complete. To 
i ;y to be forfeited, and to ap- 
propriate it to the use an I of the state. Bat as t lie 

tse would fall upon unoffending citizens, it is the 
rant them indemnity; 
^11 justify reprisals by the law of nations, the 

d which they are authorized must be just and 
well ined. It' the right of the party demanding sat- 

loubtful, he m demand an equitable ex- 

amination of his claim, and next be able to show that just 

can justly take the matter into 

la, He has no right to disturb the peace and 

on a doubtful pretend <n. But it the other 

part] n the matter brought to the proof, or to 

i for terminating the dispute in a 

inner, reprisals become lawful. 

§ 12. By treaties of alliance, nations sometimes agree to 

st each other in ease of war with a third power. It is a 

question not clearly settled, whether the government that is to 

afford the aid, is bound to do so when it deems the war to be 

unjust The reasonable conclusion seems to be, that, in cases 

simply d( ubtful, the justice of the war is to be presumed; 

is hound to fulfill its 
. ..-trine would furnish a nation 
text f <f violating its ; 
on!;. dly, e;m a na- 

►rd assist 
. 1 1).- war is hope! 
wh men! would, by furnis 

y, il is not bound to 
be slight, remote, 
►rd sutli- 
ithholding th distance. 

ensive, th*- treaty hinds each 
(1 in ad 

$11. - [fl it 

$ 13 

$ 1 L May war b 



244 citizen's manual. 

war« and unjustly attacked. By the conventional law of na- 
tions, the government that first declares, or actually begins 
the war, is considered as making offensive war; and though 
it should not be the first actually to apply Son it it 

first renders the application of force necessary, it is the 
gressor; and the other party, though first to apply foro 
engaged in a defensive war. (See ^ S.) 



CHAPTER LX 1 f. 



DECLARATION OF WAK — II r UPON THE PERSON AND 

l'KOi'KKTY of THE EEEMT'I B1 BJS0T8- 

§1. When a nation has resolved on making war, it is 

usual to announce the lad by a public declaration. In 
monarchical governments, (he power to declare war, which 

of course includes the right of determining the question 

whether it shall be made, is voted in the king. In OUTOWn 
country, this power is, by the constitution, given to the 

representatives of the people, for reasons elsewhere stated. 

(Chap. XXIX, §14.) 

§2. It was the custom of the Romans, 6rst to send a 
herald to demand satisfaction of the offending nation; and if, 
within a certain period, (tliirty-three days.) a Bad 
answer was not returned, and war was resolved on, the her- 
ald was sent back as far as the frontier, where he declared 
it. It was considered due to the people of the offending 
nation, that their chief, knowing the consequcne 
ing satisfaction, might he induced to do justice, and to pre- 
serve the lives and peace of his subjects. War, without 
such demand and notice, was regarded as unlawful. 

§3. Although the practice of all these formalities was 
not observed by nations in later times, it was usual to make 
a simple declaration, and communicate it to the enemy. J hit 
according to modern practice, war may lawfully exist without 

§ 1. By whom is war declared? § 2. What was the custom of the 
Romans in declaring war? $ 3. What has been, and is at present, 
the practice? 



LAW OF NATIONS. 245 

a formal declaration to the enemy. Any manifesto or paper 
from an official source, duly recognized In' (he government, 
announcing that the country is in a state of war, is con- 
sidered sufficient 'Hie act of recalling a minister lias alone 
a regarded as a hostile act, and followed by war, without 
any other declaration. Such cases, however, have not been 
frequent Under ordinary circumstances, the recall of a 
ater ia not an offensive act. 
^4. In the war between the United States and Great 
Eured in 1812, the declaration was not communi- 
cated l i the British government; but the war was actually 
commenced on our part immediately after the act of con- 
ing the declaration was passed. The purposes 
ire answered when due notice of a state of 
war i^ ui\« n by the government to its own citizens and those 
neutral nations, that they may govern themselves accord- 
ingly; and the passage of the act of congress was deemed 
official notice to all tin; world. 
5 5. Th government of a state acts for and in behalf of 
- : and its acts are binding upon all. Hence, 
n a war is declared, it is not merely a war between the 
two governments, all the subjects of the government de- 
it, become enemies to all the subjects of that against 

of the rules of ancient warfare has been 

i. On the breaking out of a war in any 

the enemy bund within the state, and 

their proper! sly liable to be captured. 

held t" be the right of a state to confiscate the 

m the persons themselves as 

o.niy movable property is thus liable to 

and lands continue to be the cne- 

'y; the income thereof only being subject to 

rer, and some others, maintain, that 
neit, enemy who are in a country when 

i notice of v m given? (5. In wliat aui- 
<.f tlitt two nations toward each 

; war, is done to the persons 

■ad i tatel 



246 citizen's manual. 

war is declared, nor their effects, can be rightfully detail 
Permitting them to niter the state, and to continue therein, 
is a tacit promia ction and security of return, 'i 

are therefore allowed a re tim \ I i retire with th.ir 

effects. Although this mild c instruction of the law is sup- 
ported by high authority and < xtensive practice, and is c 
sistent, it w a, with r< s imoo justi 

question has been settled in this country in favor of the 
more rigid rule. 

§ S. I>v decisi our national 

sovereign power of the nation lull right 
and confiscate the property of I i r thej i 

be found. But n 

the right of c «, the i made 

without a speeial law of i 
without any statin- applying dir< 
property would continue under the protection of the 
and might be claimed by the foreign owner 

of peace. 

8 :>. But whatever may be the true construction of the 
national law on this subject, the government of every nation 
may grant such privileges as it thinks proper, to the subji 
of an enemy. Few civilized nations, at the pres 
would, it is believed, deny such persons a reasonable tim 
retire with their property. It is probably owing, in 
measure, to the conflicting opinions of the writers on public 
law, that the privilege Bpoken of is now so generally Becui 
by treaty. 

§10. When war is declared, all intercourse between the 

two countries at once All trade between the eitiz 

directly or indirectly, is strictly forbidden; and all contra 
with the enemy, made during the war, are void. 

§11. Although a state of war makes all the subject 

one nation enemies of all those of the other, all are not 
allowed, at pleasure, to fall upon the enemy. They can not 
lawfully engage in offensive hostilities without permission of 

§ 7, 8. What is the doctrine on this subject in this country? $ 9. Bow 

has the right thus questioned been latterly secured? $ 10. How is the 
intercourse of nations affected by war? §11. How do nun get a 
right to fall upon the enemy? 



law Of WATIOWB. 247 

their government If they have no written commission as 

■ of such permission, and if they should be taken 

by the i nemy, they would not be entitled to the usual 

mild treatment which other prisoners of war receive, but 

rht be treated without m robbers and 

litti. 

§l~. The object of a just war is to obtain justice by 

i not otherwise be had. When, therefore, 

declared war, it has a right to use all necessary 

ther, for attaining that end. .V just war 

- us the right to tab of the enemy; but there 

• this right If an enemy submits, and lays 

n not justly take his life. 

. Although all the Bubjects of r government are to 

justice and humanity forbid that 

WOO le old men and sick persons, who make 

. should be maltreated. Prisoners of war are 

not to b with cruelty. They may be confined, and 

I, if there is reason to apprehend that they will 

saptont, or make their escape. 

f war are detained to prevent their 

ruing to join the enemy, or to obtain from their govern- 

t a just satisfaction as the price of their liberty. Pris- 

k.-pt till the end of the war. Then, or at any 

the war. the government may exchange them 

f<>r i nemy ; or a ran- 

1 for their release. It is the duty of 

nt t i pi own expense, the release 

infer, burning private dwellings, or 
: property, are not justifiable, 
ssity. But all fortresses, 
1 the like, being appropriated to thepurpof 

stratagems and dec( it 

my, we will not undertake to 

. 

Diredt 

$ 13. M not l' • maltreated 1 

§ l l. Why are prisoni re of war 

Mid wh.it may i i of the 

'! J 16. A 



248 citizen's manual. 

decide. To some extent they are justified by the law of 
nations; but in general they are dishonorable and wrong. 

§17. Spies are sometimes sent among the en« nr 
discover the state of his affairs, to pry into his designs, and 
carryback information. This is a dishonorable office; and 
spies, if detected, are condemned to death. 

§18. The lights of a nation in war at sea are essentially 
different from those in war spoil land. The object of a 
maritime war is to destroy the commerce and navigation of 
the enemy, with the view of weakening his naval power. 
To this end, the capture or destruction of private property is 
necessary, and is justified by the law of nations. Hei 
for purposes of attack as well as defense, every nation of 
considerable power or oonuneraal important 

consisting of a number of war which are kept H 

for service. 

§ 19. Besides these national ships of war. there arc armed 

vessels owned by private Citizens, which are called /// 

Their owners receive from the government a commission to 

go en the seas, and to capture any vessel of the enemy, 
whether it is owned by the government or by private citi- 
zens, or whether it is armed or not. And to encour 
privateering, the government allows the owner and crew to 
keep the property captured as their own. 

§20. This right being liable to great abuse, the owners 
are required to give security, that the cruise shall be con- 
ducted according to instructions and the usages of war; 
and that the rights of neutral nations shall n<>t be violated; 
and that they wiil bring in the projx-rty captured for adju- 
dication. Whea a prise is brought into a port, the captors 
make a writing, called libeL stating the facts of the captu 
and praying- that the property may be condemned; and this 
paper is iiled in the proper court. 

§21. If it shall be made to appear that the propr-rty was 
taken from the enemy, the court condemns the property as 
prize, which is then sold, and the proceeds are distributed 

$ 17. What is said of spies? § 18. What is the object of a mara- 
time war? § 19. What is privateering? How is it encouraged? $ iiO, 
21. How is the abuse of it restrained? How is captured property 
disposed of? 



LAW OF NATIONS. 249 

■mag the captors. All prizes, whether taken by a public 
or private armed vessel, primarily belong to the sovereign; 
ami no person has any interest in it except what be receives 
from the state: and due proof must in all rases be made 
ore the proper court, that the Beizure was lawfully made. 
In this country, prizes are proved and condemned in a dis- 
trict court, which, when Bitting for this purpose, is called a 
prize court. 



CHAPTER LXIII. 



RIGHTS AND DUTIES OF NEUTRAL NATIONS CONTRABAND 

GOODS DZ RIGHT OF SEARCH S UK-CONDUCTS 

AND rS TRUCKS TREATIES OF PEACE, <fcc. 

§ 1. A neutral nation is bound to observe a strict impar- 
tiality toward the parties at war. If she should aid one 
y to the injury of the other, she would be liable to be 
herself treated as an enemy. A loan of money to one of the 
• at parties, or supplying him with Other means of 
i war, if done with the view of aiding such party 
in th'- war, would In- a violation of neutrality. But an en- 

ide in time of peace to furnish a nation a certain 
-. or troops, or other articles of war, may 
. time "t war, be fulfilled. 
A nation ■ not bound, on the occurrence of a war, 

. and t<> cease Supplying a In-i- 

ivith an-. - of trade which such belligerent 

ive from her, although the goods may afford 

him D tii'- war. This rule applies 

t-> the I It' a nation has been ECCUa- 

nnotber tor the sake of interest, and 

tin* laf d in a war with a third 

: would not break her neutrality if 
.d her money. The wrong in 

. $ 1. i'.v wh.it a( : 
$i>. I a neutral nation 

n* 



250 citizen's manual. 

any case lies in the intention of aiding one to the detriment 
of the other. 

§ 3. Yattcl, however, in laying down this rule, supposes 
the case of a belligerent going himself to a neutral country 
to make his purchases. But in the case of a neutral nation 
carrying good* to the enemy of another, li< 
to allow the same liberty. A nation in ■ just war, h . 
right to deprive her enemy of the means of resisting or in- 
juring her, and therefore may lawfully intercept every thing 
of a warlike nature which a neutral is i lucn 

enemy. 

§4. A neutral nation's being permitted to continue her 
commerce with belligerent nations, and at the Bame time to 
furnish them with the means of war, renders it difficult 
son* times to determine how Ear freedom of trade is consist- 
ent with the laws of war. In determining this question, it is 
necessary to distinguish correctly between goods that d<> not 
subserve the purposes of war, and those that do; for nations 
should enjoy full liberty to trade in the former. To attempt 
to stop tins trade would be a violation of the rights of neutral 

nations. 

§5. Articles which are particularly useful in Avar, are 
those which a neutral is not allowed to carry to an enemy; 
The goods thus prohibited are called central 
What these are, it is impossible to say with precision, 
some articles may in certain cases be lawfully carried, 
which would be justly prohibited under other circumstai* 
Among the articles usually contraband, are arms, ammuni- 
tion, materials for ship-building, naval stores, horses, and 
sometimes even provisions. 

§ 0. Contraband goods, when ascertained to be such, are 
coniiscated to the captors as lawful prize. Formerly the 
vessel also was liable to be condemned and confiscated; but 
the modern practice, it is said, exempts the ship, unless it 
belongs to the owner of the contraband articles, or the car- 
rying of them is connected with aggravating circumstances. 

§ 3. What general right lias a belligerent with the goods of a neu- 
tral? § 4. In what kind of goods may a neutral trade with a bell 
rent? J 5. What are contraband goods? { 6. How are they disposed 
of when captured? 



LAW OF NATION*. 251 

the rights of a belligerent nation, and one 

which a neutral is bound I I, is the right of blockade, 

i up. A i ar blockade is the Btation- 

■ of an enemy's ports, to 

. cut ail \ m coming out or going in. The object 

is to binder supplies of arms, Ammunition, and 

m entering, with a view to compel a surrender 

wd want, without an attack. A neutral vessel 

attempti tble to be seised 

and med. Towns and fortresses also maybe shut 

up by p sting troops at th" avenues. 

or order declaring a certain coast or 

country in a stafc ckade, A institute a lawful 

blockade. A force nui>t !><■ stationed there, competent to 

ckade, and to make it dangerous to enter. 

neutral should have due 

notice of the blockade in order to subject his property to 

condemnation and forfeiture. According to modern usage, 

if a place is blockaded by sea only, commerce with it by a 

itral may be carried on by inland communication. Also, 

a neutral vessel, loaded before the blockade was established, 

leave the port with her cargo. 

To prevent the conveyance of contraband goods, the 

law of nations nt nation the riaht of search/ 

thai in time of war, to search neutral vessels* to 

. and what articles are on board 

A neui 1 by a lawful cruiser, 

would tl nnation as a 

lubject t'> search ; 

VI ar. 

r of a v. >^ -1, Bhe must 
be furnished with t *ary documents. The papers 

rts, lefl aibing the name, 

ip ; th'* nam.' and residence of 

lining the particulars 

the Bhip 1 by the 

f B, What .1 tn n 

v. hat 
bed? 

} 10. Iiow is the neutral - 



252 citizen's manual. 

officers of the port. In a time of universal peace, the register 
of the vessel has been deemed sufficient 

§11. The property of an enemy found on board of a 
neutral vessel, may be Mizrd, if the vessel is beyond the 
limits of the jurisdiction of die nation to which she beloi 
but the vessel is not confi* ind the master is moreover 

entitled to freight for the carriage "ft!. 
crt'j of neutrals found in an enemy'* pes$rls t is to red 

to the owners. 

§ 12. A neutral is forbidden, by the law and practi 
nations, t<> permit a belligerent to arm and equip t war 

within her potts. And our on raiment has, in confor- 

mity with the law of nations, declared it to be a misdemeanor 
lor any <>t" our citizens within the United 

States, or to accept o'i a commission, or to enlist, or 

hire another to i yond the limits of tie 

States, to assist any people in w other \\ i 1 1 1 whom 

we are at peace. 

§i;>. It has been observed, that, in time of peace, the 

people of one nation are entitled to an innocent ; over 

the lands and waters of another. (Chap. I X. §8.) It ia 
held that this right extends to troops of war. But be who 
desires to march his troops through a neutral country m 
apply to the government of the neutral nation for per 
sion ; for it rests with the sovereign authority to jud 
whether the passage would be innocent Such 
scarcely be made without damage. 

§ 14. If a passi p i- granted to the troops of 
erent, the other has no just ground of complaint : the 

neutral state. 15ut if a neutral nation prants or refua 
passage of one of the parties at war, she ought al><> t«> grant 
or refuse it to the other, unless she was previously hound to 
the former by treaty; in which case B passage can be justly 
claimed under the provisions of the treaty. 

§15. It is sometimes agreed to suspend hostilities for a 

f 11. What is done with the property of enemies ami neutrals found 

in each other's vessels? § 1:2. What is forbidden in a neutral's ports? 
What i> farther prohibited by our government? $ 13. May the troops 
of a belligerent pass over a neutral's territory? §14. Have both the 
belligerents the same riirht? 



LAW OF XATIOBft, 253 

If the ap;: r a she: :he 

purpose of I I parley- 

bet 

>\ It 
:iera! t it : 
a true*. Bj a pa - *us nded in cer- 

• - - % it ; 

and traces. 

true*-, host - .so generally, and in all places, and 

5 
- 
. A truee bin Is ( time 

le; but individuals - ble 

\ have had due r. And 

r the th- 
is bond g the 

nin his own ter- 
ritori - s far without b 

_ . ■ ith. 

nducts and passports, are written lie 

in- 
of property. T~ _ 

Liuthorit*. - but the 

- 
to the r. . their trust. If a p«. 

a 

a him who promi- 

- -ured, by 
. 
i. (Chi 

s 

■ ilich the treaty 

. )1 what are lb 
whw- §? $ 17. 

sjrf* Bv wh..- v in 

war generally terminated? I of a treaty of peace? 



254 citizen's manual. 

§19. The contracting- parties to a treaty of peace are 
bound by it from the time of its conclusion, which is the day 
on which it is signed; but, as in th Fa truce, pen 

are not held responsible for any hostile acts committed be- 
fore the treaty was known; and their government is hound 
to order and to enforce tfa ttion i f property captured 

subsequently to the conclusion of die treaty. 

§20. War is sometimes terminal -d by mediation. A friend 
to both parties, desirous of stopping the destruction of hu- 
man life, kindly endeavors to n ie parti 
friendly sovereign who thus interp scs, is called mediator. 
Many desolating wars might bs d in this 
way, had there always been among friendly power 
rally a disposition to reconcile contending nations* 



PARLIAMENTARY RULES, 



CHAPTER J. XIV. 



NECESSITY OF RULES OF PROCEEDING IX DELIBERATIVE BOD- 
IES — ORGAKIZATIOH Of \N A88EMBLT — DUTIES OF IT3 
OFFICERS — RIGHTS and DUTIES Of IIEMBE 

§ 1. It must be apparent, upon the slightest consideration, 
that no deliberative assembly, consisting of any considerable 
number of persons, can transact business with facility or dis- 
patch, without some established rules of proceeding. Their 
deliberations would almost unavoidably be protracted by 
needless debate; action upon any subject would be liable to 
interruption; and perhaps the assembly, incapable of ] 
serving order, would break up in confusion. 

§ 19. Who is responsible for hostile acts committed before a treaty 
is known? § 20. In what other way is war sometimes terminated? 
$ 1. Why are rules of proceeding necessary? 



rARUAMEXTAUY RULES. 255 

§ 2. Hence, it has become the universal practice of political 

and other assemblages for deliberative purposes, 

to inducting their deliberations! 

are in the same : bo far, at 

the character of different meetings will admit; and, 

like ther institutions in this country, have come to us 

: England. Prom their having been originally adopted 

1 by the British parliament, they are called par- 

• and the same term is still used, whether 

appli \d to 1 lies, or to those of 

nu . : ifi a. 

i [opted by all l< gislative as- 
- in this country, with such alterations and additions 
■ ii found necessary to adapt them to the 
umstances of each assembly. And so far as 
they admit of general application, they regulate the proceed- 
a of ail public meetings. As every citizen has occasion 
t i | in public business, and as a large portion of 

the citizens are at times called upon to preside at meetings 
kind, a compendium of the principal rules of parlia- 
mentary practice, will, it is believed, add essential value to 
;id will not be deemed incompatible Avith 

'!•'• an assembly proceeds to business, it must be 
duly il must be put into a suitable form 

It is done thus: One pf the 
ts the others to come to 
. be requ( 
them t i nominate n to ad . as chairm in. 

'ii named he 
• 

who calls the 

andidate for the chair, 

rote. Should the question be 

wever, is seldom the 

uniform in til bo I 
ling. 



256 citizen's manual. 

until a choice is made. The person chosen to serve as 
chairman takes the chair, and proceeds to complete the or- 
ganization of the meeting', by the election of a clerk, or l 
retary, in the same manner, and such other officer! as the 
assembly shall think proper to appoint 

§ 6. When large conventions are assembled, and the im- 
portance of the business to be transacted Beema to require a 
more deliberate choice of officers, the person calling the con- 
vention to order Bometiases announces, that the organization 
is intended to be temporary, and preparatory to a permanent 
organization. And alter such temporary organization, a com- 
mittee is appointed to stiake a selection of persons as perma- 
nent officers of tin- meeting; who are gen< rally a praaidV 
one or more rice-presidents, and one or more secretai 

§7. The business of a vice-prestdenl is to take the chair 
in the absence of the president from the meeting, or when 
he leaves the chair to take part in the proceeding! ss an 
ordinary member. When, as is often the case at la 
conventions, a number of supernumerary vice-presidents and 
secretaries are chosen, it is done chiefly to give oonaequenee 
and dignity to the meeting. 

§8. In deliberative bodies composed of del 
in the several towns, counties, or districts, to represent the 
people of these localities, it is necessary to 
proceeding to business, who have been chosen as memb 
that those only who are authorized may take part in the 
proceedings, and that a li^t of the members may be made 
for the use of the meeting and its offitt r>. A proper time 
for this investigation, is before the permanent organization, 
if the meeting was not permanently organized in the lirst 
instance. 

§ 9. Sometimes also before, or immediately after, the per- 
manent organization, besides the committee appointed to 
select permanent otlicers, committees are also appointed to 
arrange and report the order of business, and to fix the 
times for reassembling after adjournment ; to prepare reso- 
lutions, and perhaps an address, to be presented to the 

§ 6. "What is said of temporary and permanent organizations? 
§7. What is the object of appointing numerous vice-presidents and 
secretaries? $ 8. How is it known who are members of a convention? 



PARLIAMENTARY RULES. 257 

meeting for Ltion; and for Mch other purposes as 

may ty. These committees arc tlms 

early a] ly be DO unnecessary delay in 

ing to businesa when the convention shall have be> 

eonq zanked Legislative bodiep have stand- 

: the order of business, which are adopted by 

each successive legislature, and seldom with any essential 

$10, Id a in not do business without 

of a quorum. The number of members con- 
stituting a quorum, is fixed by the constitution or by law. 
A---;: ary pubK< n re not to consist of any definite 

number ol i in not be known what number of 

men ite a quorum. Hence, the business of such 

generally commenced, and from time to time 
I, aU»r waiting a reasonable time for the attendance 
of members, without reference to any particular numbt r. 
^ 11. The principal duties of a presiding officer, are the 
wing: To open each sitting by taking the chair, and 
calling the members to order; to announce to the assembly 
the business in order; to receive all communications, mes- 
os, and propositions, and put to vote all questions 
which are t<> be dectdied by the assembly, and declare the 
rules of order, and the observance of 

-. 'Die presiding officer m:iy 

■ a motion, or put a ques- 
. . the formality of rising 
IS m led with. 

_. [ftn the duty of a clerk or secretary, to take notes 

tip- meeting; to read all 

be ordered I o be read; to call the roll of 

s when n ; to no- 

of their ( iit and of the business 

them; and t<» take charge of all papers and 

it mbly. 
\. jy member to treat all Other 

rum. In general, whispering 

i. and (i>r what p tain committees Appointed? 

i ). What an the pimci- 

; ? $ 1 2. Of a clerk, or secretary V 
11A 



258 citizen's manual. 

or speaking to each other; standing up to the interruption 
of others; walking across the room, and especially passing 
between the presiding officer and a member 
enter the room, or to remove from place to place, with I 
on; are all violations of the rules of decorum. Bat to dis- 
turb each other by hissing, intentional coughing, spitting, 
otherwise, is an aggravated breach of decorum, of which no 
member having a proper respect far himself or the assembly, 
will he guilty. 

§ 14. It 18 the right <>f any member, and the special duty 

of the presiding officer, to call the attention of the assembly 
to any instance of disorderly conduct A member chai 
with an offense against the assembly has a light to vindi 
himself from the charge, and having been heard, lie i 
withdraw, unless, on his offering to withdraw, the assembly 

allows him t<> r< main. 

§ 15. No member, when his private interests, or his 

duct as a member, are involved in a question under debate, 
ought to be present after having been heard in exculpati 

but if he should remain, he should not be allowed to rote; 
or, if he should vote, his vote ought t<> be disallowed. i 
laws of decency, the honor of the assembly, and the rule 
that no man is to be judge in his own case, alike forbid the 

allowance of such vote. 



CHAPTER LXV. 

GENERAL ORDER OR ARRANGEMENT OF BUSINESS INTRODUC- 
TION OF BUSINESS, BY MOTION, PETITION, <fec. 

§ 1. When there has been no previous arrangement of 
the business of an assembly, the order in which the several 
matters tire to be taken up, is left to the discretion of the 

§ 13. What rules of decorum are here enjoined on mem 
$ 14. What rights of members are here mentioned? § 15. What is 
the duty of a member when his private interests are involved? 



PARLIAMSKTART BUI 259 

My, on shall 

> a particular subject . In legislative 
tied order of busi nd the uti such 

in other meetings, which are t<> la 
time, and which ha\ them numeJ 

h an arr 

lin- 
ridual members from up favorite measu 

t of their just turn. Although, in th tUed 

ord - required in 

. an 

the 

ip a particular matter 

which have a prior right to be 

ler of busbi 

. [| may I Ted, in relation to a I order of 

ss, that the question of i -;ty, and, if necessary, 

ther it shall be established according to some general 

J orders relating to each particular subject, 

d by the nature and numb matters 

i _. 

ting ] i been duly organised, and is 

sition or 
which he may uly 

with the ru 
musi lied. This is dun,- by 

-.-■'! airman/ 1 as the 

bearing him 

it is that 

k nearly together, the 

,!ls him 

If the decision «•!' the 
$ l. .' Why 



260 citizen's manual. 

president is not satisfactory, any member may call it in ques* 
tion, and have the sense of the assembly taken thereon; the 
question being first taken upon the name of the pen 
announced by the president 

§0. A member introducing a proposition of his own, 
whether by resolution or otherwise, puts it into the proper 
form, ami moves that it be adopted by the assembly. A 
proposition thus moved, is called a motion; and it is so called 
until it has been stated by Lhe chair, and offered to the 
assembly for its acceptance or rejection, when it is denom- 
inated a question; and when it is adopted, it | the 
resolution, order, or vote of i! bly. 

§7, Motions are usually submitted in writing; and the 
president may refuse I i my motion thai is nol 

writing. Motions, however, which admit of being easily 
and correctl] recorded by th< y an- often i 

though not in writing. Or the chairman hims. If max . if be 
pleases, reduce a motion to writing before it is submitted. 

8 1 8. It should here be observed that principal motions 
only come under this rule 0< ato/moti 

and motions subsidiary to, or aiding a principal motion, 
not offered in writing. Of th Is of motions, are mo- 

tions to adjourn, to postpone, to Ik on the table, to take the 
previous question, to commit a subject; that is, to refer it 
a committee. But a motion to amend, when additional 
words are to be inserted, must, if required, be in writing. 
These motions will be more particularly considered h 
after. (Chap. JAVIll.) 

§ 9. A motion, to be entitled to the notice of the presid- 
ing officer, must have the approval of at l< member 
besides the person making it; which approval is expires 
by his rising and saying that he I the motion. I 
generally deemed inexpedient to take up time in considering 
a question which none but the mover regards with favor. 

§10. When a motion has been seconded, it is stated by 

§5. "When several rise near together, how is the privilege deter* 

mined? §6. How is a proposition introduced? What is a motion, 
question, resolution, &ci §7. In what condition are motions to be 
ottered? § 8. What motions are not required to be in writing? 
$ 9. Why is a motion to be seconded? 



f'AKLIAMENTAKY MTU 2G1 

(he president to the meeting. It then bec om e* a q ues ti o n 

ftr the decision of the meeting; and it is then, and not 

in order for any meml ak to it, or to make 

tion for the disposal of it. 

§11, Communk - memori Mono, reraon- 

■ahrrs. are presented by mem- 

i but a membi r has a rigl 11 to the 

i d by the petitioners, 

nnl< attend in And a 

leclare that he knows the 

handwril it should be questioned 

A in- ml nting a petition, should be the 

it. and also prepared to say, if aed, that 

8 12. ling to the regular form, on presenting or 

mod ''.i to n ceive it must I and 

!, and a i put, whether it shall be r ceived- 

In practi the formality of a vote is generally (lis- 

with; and if no objection to its being received is 

le, the president takes it for granted that there is none. 

Lit! m ifl then brought up to the table, read by the 

rk, and i of by the assembly. In legislative 

on their 
ommittees on the s 
\ ma j late. Oth.-r communi I nan 



CHAPTEB LXVL 



MOTIONS FOR THF M> 

BLI f0 ( "MMIT. 

Whkn a med use- 

r i- thou 

$ 10. Whei | ii. H 



262 citizen's manual. 

previous question ; whicfa is. Shall • tti&n he now 

put? If thf question ia decided in the affirmative, the main 
question ifl to be put in ivithout any further 

debate. 

§ 2, But the »ion i:i tl 

everywhere the same. In 
Bion that the main qu< 

i determination thai it shall not be 
ing the present ritti 
through the 

-1 o£ In the 
nn the i r ■ 
stopping the 

Fo understand bow it 
sion should operate I 

when it ia the obj< ct of an 85 c( n similar 

result, it is i 
vious question. 1 1 ifi 

land, in L604. It was then, Shall the i stion 6< 

and a determination in tin* negative suppressed ili«' main 
question for 1 1 1 « - whale session; for, if it co 
all, there was no use ia continuing the dis< 

§ 4. But the ]>rr\ ion 
its present form: Shall the main question be now put? 
a decision ia the unely, that i; 

pat, is ti. decide that it shall no( i>«* pu1 that day. 

as tin- main question r at the } 

cat sitting, the debate must I 

time. 

vn 5. In England, the object of tie- mover of the previous 
question, is to obtain a negativt decision; because, although 

the effect would be, strictly, and according t ginal 

intention, to suppress the main question for the day, it has, 
by parliamentary usage, come to be a disposal of the main 
question altogether, without a voti upon it; whereas, in this 
country, the object v( the mover of the previous question, is 

§ 1. What is the previous question, and its effect, if decided affirma- 
tively? § '2. If decided negatively, what? Is it everywhere t he 
same? §3. What was the question originally; and its effect if nega- 
tived? § 4. How was this question afterward altered? 



PARLIAMENTARY RULES. 263 

to get a vote in the affirmative^ with the view, not of sup- 
pressing the main question entirely, but of suppressing 
debate, either altogether, as in some assemblies, or, as in 
others, for the present time only. The effect of an affirma- 
tive decision is the same in both countries, namely, the put- 
ting of the main question immediately. 

§ 6. When it is desired to suppress a main question for 

the whole session without having it come to a vote, the prcf- 

erable course is, to move that the question be postponed in- 

litely; which is a postponement without fixing a day for 

Lining the consideration of the question. This quashes 

the proposition for that session. 

^7. When a question is before an assembly, which is 
d< em< d proper to be acted upon, but on which members 
are n<>t prepared to act, either from want of information, or 
because something more pressing claims present attention, a 
motion is made to 'postpone the subject to some future day 
within the session; or, if it is not thought proper to iix upon 
a day certain, the proper motion is, that the matter lie on ■ 
the table. It may then be called up at any time when it is 
convenient to consider it. Such motion is sometimes in- 
tended to make a final disposal of a subject; as such will 
be the effect, if it should not afterward be called up. 

[fa proposition is so imperfect in its form as to need 

more amendment than can be conveniently made by the 

mbly, a motion is made to commit it; that is, to refer it 

mmittee for amendment; which committee maybe 

iving similar subjects m charge, or 

appointed for this Bpecial purpose* 

if the pi i is well digested, and seems to 

v and simple amendments, and especially if 

•-• of leading consequence, the assembly itself pro- 

! amend the proposition. The modes 

en the objects and effects of a 
-:<in of die previous question in this country and in 
$ <5. In what other way may a question be suppresi 

: oning t<> ;i day certain, and t<> Lie 

\ B. Why ifl a n committed) and wjut is it 

When may the committing oi' a proposition he dis- 



264 citizen's manual. 

of amendment are so various, and the different motions to 
amend so numerous, as to require a separate chapter for 
their consideration. 



C II APT Ell LXVIL 

AMENDMENTS — division 01 A QUESTION, AND ITS MODIFICA- 
TION — DIFFERENT MOTIONS K) AMEND — riLLING BLANKS — 
ORDER OF Pfi INSIDERINQ AND AMENDING 
PAPERS, 

§ l. When b proposition or quest! parts 

than one, it may, I of the assembly, be divi 

into two or more questions. 80 also, if there are several 
names in a proposition, they may be divided, and put one 

by on i . 

§2. The mover of a proposition is Bometun d to 

modify it, after it, has been stated as a question by the pre- 
siding officer. And Bometimes, alter an amendment has 

been moved and seconded, the mover of the original pr« 
sition consents to the amendment) and it is accordingly ra 
lhit if objected to, Buch modification and amendment can 
only be made by permission of the assembly, by a motion 
and vote. Nor may the mover of a proposition, after it has 
been stated as a question, withdraw it, without similar leave. 

§3. Oneway of amending a proposition, is by striking 
out certain words, or a paragraph. Before a question is put 
on a proposed amendment by striking out, those desiring to 
retain the paragraph, should amend it, if it needs amend- 
ment, before the vote on striking out is taken ; as it can not 
be restored, if struck out, nor amended, if retained. 

§ 4. When it is proposed to amend by inserting or adding 
a paragraph, or a part of one, its friends should make ii 

§ 1. When is a question divisible? §2. How may a proposition be 
modified or withdrawn? § 3. "What is necessary before striking out 
words? 



PARLIAMENT ART RULES. 265 

acceptable as they can, by amendment?, before the question 

i> put for inserting; m it can not be amended by inserting 

v words afterward If, however, the same words 

are connected with others, so as to make a different proposi- 

d, a motion to insert the same words is in order. 

When it is naoved to amend by striking out orinsert- 

tin words, or a paragraph, the manner of stating the 

stion is, first, to read the whole pa>s age to be amended 

inds; then the words proposed to be struck out or 
rted; and lastly the passage as it will be when amended. 
A:, iher form of amending a proposition, is, to strike 
out certain words (///</ insert others in th«ir place. The 
manner of stating a question of this kind, is, first, to read 
tie Stands at present; then the words to be 

struck "in; next those to be inserted; and lastly, the passage 
m it wi!l stand if amended. If desired, the question may then 
be divided by a vote oi the assembly: if divided, the ques- 
tion is first taken on striking out; and, if carried, it is next 
put on inserting the words proposed. If that question is 
. it may be moved to insert others. 

It' a [notion to amend by striking out and inserting, 

is put, undivided, and decided in the negative, the same 

motion i be made again; but it may be moved to 

tine words, and insert others of a tenor dif- 

at bom those first proposed If this motion is negatived, 

it n it" strike out the same words, and insert 

Ifl may, in nUIOUa Other way-, be made to 

by striking out or inserting words formerly proposed 
ruek out or inserted, or a part of them; provided 
; with others not before proposed, as to 
mak eition. 

§8. If a motion out and insert is decided in the 

atari be moved, either to insert the words 

BtTU I tie in, or t«» strike out those inserted, 

or a m; but tie- words struck out, or a part of 

$ 4. I msort word* is lost; may the same 

una 
How i- . >ki*S sat sad 

•nig? $ 7. After a question on striking out and inserting is I 

to strike out the same w. 

12 



266 CITIZEN 3 MANUAL. 

them, may be inserted with others; and the words inserted, 
or a part of them, may be struck out with oth. 

§ ( j. A proposed amendment may itself be amended; but 
a motion to amend an amendment to an amendnu 
main question, ia not admitted. Such an accumulation, 
piling of questions, would embarrass the action of an assem- 
bly. The same result must be sought In- deciding against 
the amendment of the amendment in the form | 
and then moving it again as it is wished t<> be amended. 
In this form ii becomes only an amendment of an amend- 
ment A person desiring t<> amend an amendn aid 
give notice, that, if rejected in its pn sent form, be will 
move it again in the form in which he wiahi 1: in 
which '"a--, those who prefer the lata r may join in rejecti 
the former. 

§ lo. Propositions are sometimes introduced with blanks, 
purposely left by the mover, to be tilled with times and 
numbers by the assembly. The matter t<» be inserted, bow- 
ever, is not properly considered as an amendment t<> a <jues- 
tion, but rather as an original motion, to be decided before 
the principal question. Motions may be made t<» lill blanks, 
and the question put on each before another is made. But 
the usual and better mode i>, to have Beveral propositions 

first made, and then take the question 00 them in regular 
order. 

§11. In filling blanks, it is not the rule in all assemblies, 

as some suppose, that the largest sum or number, and !■ ■ 

est time, are always to be fust put to the question; although 
such is the rule in some legislative bodies. A better re 

said to be this: In all cases of time Or number, if the /" 
comprehends the lesser, we must begin with the 
and go down until an affirmative vote is obtained. But if 
the lesser includes the greater, the question must be first 
put on the least, and go up until a vote is reached. 

§ 8. It" a motion to strike out and insert is carried, how, after- 
ward, may words struck out be inserted, or words inserted he struck 
out? § 9. May an amendment of an amendment he amended? How 
may tic same object be otherwise effected? § 10. In what ways may 
blanks be rilled? $11. What rules are here mentioned as to the order 
of putting the question on times and numbers? 



PARLIAMENTARY 1101X8. 2G7 

_. But it is not, in all ( 
tli-- larger includes the lesser, or 

Etppear from the fact, that Mr. Manual, 

Former el 
be : and to 

. : be 

v adjournment. / fbr- 

unt of a line : and t the 

ntioned, the 
; re- 
• 

I, that 
. at that extreme number or til 
which, and more, being within e\ can 

Brm- 
ati\ would ' 

reme which ? m to advance or 

until a number or time is reached that will unit 
majority. 

§14. To illustral the question of postponement, 

three (lavs named to till a blank, the 

lh, and twentieth of any month. Here the greater 

\ 
or beyond I r a later daj 

But it" tli- | d days 

wei adjourn, the lesser would 

My adjou 
,i, it will adjourned on the 

i : and i i urn men 

. the beginni the 

nmendinj 

in at 

1 in COntlBfttl | 13. In 

he natural or.; 



2C8 citizen's manual. 

Tliis, hoirercr, is sometimes allowed, especially in small 
bodies, where a strict adherence to the rule is less necessary. 

§16.. To the above rule there is an exception. In the 
case of a resolution, or series of resolutions, or other paper, 
having a preamble or title, the preamble or title i^ poet- 
poned until the other parti are gone through with. Also 
the title of a bill in a legislative body is so postponed The 
reason is, that such alterations may be made in the body of 
the bill, as shall require an alteration of the title. 

§17. In considering a paper consisting of several | 
graphs, as a bill, resolutions, draft <»r an addn . the 

whole paper is t<> he read first by the <•!, rk, and then by the 
presiding officer, by paragraphs, pausing at the end i 

and putting <ju<>ti<>iis for Unending, it' amendments arc pro- 
posed; and when the whole paper has been gone through 
with, the question is taken on agreeing t<» or adopting the 

whole paper, as amended, <>r unamended. 

§ is. in considering a paper which has been referred to 
a committee, and reported back to the assembly, the amend- 
ments only are read, in course, by the clerk. The presiding 
officer then reads the first, and puts it t<» the question, and 
so on, until all are adopted or rejected, before any other 
amendment is admitted, except an amendment t<» an amend- 
ment When the amendments reported by the committee 
have been disposed of, the presiding officer pauses for amend- 
ments to be proposed to the body of the paper. So also he 

pauses lbr this purpose if the paper was reported without 

amendments, putting no questions but on amendments pro- 
posed. Having gone through the whole, he puts the <jues- 
tion on agreeing to or adopting the paper, as the resolution 
or order of the assembly. 



§ 1G. Mention an exception to this rule. §17. Hew arc papers 
gone through with? § ltf. How, in case of a paper reported back by 
a co in in it tee? 



PARLIAMENTARY RULES. 



2G9 



CHAPTER LXVIII. 

OBDl ITT OF QUESTIONS — PRIVILEGED QUESTIONS — 

LEY AND INCIDENTAL PRIV1] BSTIOV8. 

8 1. It is a general rule, that the question first moved 
ami seconded, shall be first put But this rule gives way to 

■ /is; and these privileged 
in have priority among themseh 3. 

to adjourn takes place of all others. But 
; >n can not he received after another question is put, 

and gred in voting. Nor, alter a motion 

idjourn is red, can the motion be renewed, until 

some other proceeding has taken place. 

1 the day take the place of all other ques- 
tions for adj-airnment, and the incidental question, 
the question of privilege. (§10.) Orders of the da}- are 

- which have, by an order of the assembly, been as- 
r day. Hence, when the day fixed for 
rrives, they are privi- 
But a motion for the orders 
. must be for the orders 
than one, and not for any particu- 
through 
with, in • onl< — some particu- 

lar s s taken uj . by a special 

•■'•;<, are those which 

.1 question ; and as they are 

■Mist in d .1 question or motion, 

in which 

B 

| 

| I. What - Which arc e 



270 citizen's manual. 

they are sometimes called subsidiary questions. Sul 
motions, are motions for the previous question, to lay on the 
table, to postpone, either indefinitely or to a day certain, 
commit, and to amend. 

5 5. The nature and use of th and their 

ration as applied to a main q en explained. 

We will here apeak briefly of their differ the 

privileges which they hav< and of their 

effect upon each other. 

§o. Jt is a general rule, thai subsidiary or secondary 
questions can not be used to i f or to sup] i 

another; the common principle, M l d, 6rs( put," 

plies to them. I een mad 

postpone, in questio 

moved | ion by the previous <pn'>ii'»n. 

Or, if there is a motion for the previous question, or for the 
commitment or amendment of a main question, it ran n<>t be 
moved to postpone the motion for the previous question, or 
for the commitment or amendment of the main q 

§7. There are several reasons for I Jt would be 

a piling of questions on one another, which, t<> avoid embar- 
rassment, is not allowed. 
result may be had more Bimplj gainst tin- motion 

itself, which is BOUghl i I 1 1 of by auotb iaiy 

motion. 

§ 8. T«> this nil". tions. A mo- 

don to aim ud may 1 I to a motion to 

commit, or to amend, a principal motion. The srhy 

the secondary motion to amend has ch is not 

given to other secondary and ; eful 

character. It is no! used to dispose of or suppress, bu 
cany out and improve the motion to which it is applied. 
But it can not be applied to motions for tie? pr 
tion, and to lie on the table, for the reason that these mo- 
tions, being already as simple as they can be, do not admit 
of any change or amendment. There are a few other excep- 
tions."' (§14, 15.) 

§6. "What genera] ru^e applies to them, in r. sp \ ' to or ler or privi- 
lege? §7. What are the reasons for this rule? 

ceptiona to this rule? Why this privilege to a motion to am< 



rAKLIAMKXTAUY Kill 27 I 

D bo lie on tl. precedence of and 

su] - [notions; namely, lor the 

commit, and to amend; 

the principal motion, and all the 
i lental motions connected with it, 
re the at until it is iken up, 

free with all 

epl thai of lying on the table, 

first moved, can not be Buperaeded by 

a motion to | unit, or amend; and if moved first 

in aot be mad*- at all; for, if the pre- 

i led in the affirmative, the main ques- 

itely put; and it would not be in order 

unit, <»r amend: if negatived, that is if the 

main qu to be now put, it i> taken out of the 

ly for the day; so that there is 

imend; (except in assem- 

negativing of the previous questions has a 

5 11. The motion to postpone is of the same degree as 

the previous question, to commit, and to 

can not be superseded by them. 

indefinitely may be amended so as to 

.in; and a motion to postpone to a cer- 

amendi i make the postponement 

.in. 

a propositi o, k 
sidiary motion ; but if it is deci 

o, or to 

with 

; onement ; but it 

to a day certain, and with- 

:. (5°>) that th 

tother. The 

What 
| 1 1. What 

-^jestion? 



272 citizen's manual. 

reason is, that the postponement to a clay certain is not a 
suppression of a question, but leaves it before the assembly, 
to be resumed at the time to which it is adjourned; 

§ 14. A motion to amend givefl way also to a motion to 
commit; for the reason that the latter, instead of suppress- 
ing, aids and facilitates the former. 

§ 15. There is another elaaa of privileged questions, which, 
arising out of other questional are called incidental qvesti 
and must be put before the questions out of vrhich I 
arise. They are question! of order, questions of privik 
questions incident to the reading of papers, questions for 
the suspension of a rule, on the withdrawal of a motion, ami 
amendment of amendments. The two Lot have been i 
sidered. (Ohap. LXV1I, 52.) 

§10. It is the duty <>f a presiding officer t<> enforce the 
rules and orders of the assembly; and it i> the right <•!' 
every member taking notice of the breach of a ride, t<» i' 
upon its enforcement. It' a question arises ;i> to the fact of 
there being a violation of a rule, it i^ called ;i question of 
order ; and the subject out of which it arises, must ej\e way 

until the incidental question of order i^ disposed of. 

§ 17. A question of order is first decided by the chairman, 

without debate or delay. If the decision is not satisfactory, 
any member may uppeal from that decision*, and have the 
question decided by the assembly. The <ju< istion is then 
stated by the chairman: Shall the decision of the chair stand 
as the decision of the assembly? Jt is then debated and 

decided as Other questions; and the chairman himself D 
take a part in the debate, which he may not do on ordinary 
occasions. 

§ 18. A question 0/ privilege is one that concerns the 
rights and privileges of an assembly and of its individual 
members; as when a quarrel arises between two members; 
or when some other disturbance takes place to interrupt tin.* 

§ 14. What effect lias a motion to commit upon a motion to amend? 
§15. What privilege have incidental questions? What are they? 

§ 16. Whence does a question of order arise? What privilege lias 
it? § 17. Mow is it decided? How is an appeal from die decision 
taken? § 18. What is a question of privilege? Over what others htt 
it precedence? 



PARLIAMENTARY RULES. 273 

business of die assembly. When ■ question of privilege 
arises, it supersedes, for the time, all others, except questions ' 
of adjournment, and must be first disposed o£ 

§19, When papers are laid before an assembly, every 

member has a right i<» have them once read. When the 

I for, the presiding officer directs it to be 

done by the clerk. If the reading is objected to, it must be 

put to the question. But a member has not the right to 

r t » have read, any paper or document, having no 
question under consideration, without the oon- 
of the bouse. This would consume too much time. 
. Formerly, it was the practice in legislative bodies, 
papers to committees, to have them first read; 
but vf late, any part of a paper is seldom read, except the 
title, unless the reading is insisted on by a member. If a 
qu< - l its reading, this question lias the privilege 

ing first decided. 
§21. If action upon a subject can not be had, by reason 
- sne special rule prohibiting it, a motion may be made 
to dispense with, or suspend the rule, in order to permit the 
action desired: and the motion to suspend must be iirst de- 
cided. The rules of legislative bodies usually require the 
consent of a greater number than a bare majority for the 
4 a rule. Where no rule exists, it is presumed 
cessary. 



(H APT E B LX1 X. 

LPPOINTMKNT AND REPORT — coMMiTTKE 

of rex vraoLX. 

tral duties of committees in all 
lilar to th pslative com- 

mittees, which h i briefly described. (Chap. XV.) 

iting the Beveral Btanding 

$ 19, What 20. 1 

rnat cases are roles suspend 

How is it a 

12* 



274 citizen's manual. 

committees of legislative bodies generally, is permanently 
fixed, either by usage, or by an express rule. The number 
of a select committee is determined at the time of its ap- 
pointment. Such is usually the case in ordinary assemblies, 
in the appointment of all committ* 

§2. in fixing upon the number of a committee, different 
numbers are sometimes proposed by different meral 
which are separately put to the question, beginning with the 
highest. Sometimes the person moving the appointment of a 
committee, includes the number in his motion; and a differ- 
ent number may be moved as an amendment of the motion. 

§3. The mode of selecting the members, is either by 
appointment by the presiding officer, by ballot, or by nomi- 
nation and vote of the meeting. In legislative assemb 
and others Bitting for a considerable time, il b usually pro- 
vided by a standing rule, that, unless special her- 
wise, all committer s shall be named by the chair. 

§4. In appointing a committee to which a subject is to 
be referred, the committee ought to be so constituted that 
a majority of its members shall be favorable to the j 
measure; the mover and seconder being usually of con 
appointed. The object of referring or committing a bill or 
other paper, is to make it acceptable to the assembly; but 
a committee opposed to it would totally destroy it. And 
when a member who is against a measure, hears binu 
named as one of the committee, lie ought to ask to be 
cused. Persons, however, who take excepti par- 

ticulars in the bill, or other paper, may, and perhaps ought, 
to constitute at least a part of the commi 

§5. The members of a committee have the right to ap- 
point their chairman; but as a matter of courtesy, the per- 
son first named on a committee is usually permitted to 
as chairman, who presides over it, and reports its proceed- 
ings to the assembly. 

§ 6. The order in which committees arc to consider and 
amend papers referred to them, is substantially the same as 

§ 1, 2. How is the number of members of committee usually deter- 
mined? J 3. How are they selected and appointed? }4. What rule 
is to be observed iu constituting a committee? $ 5. How is the chair- 
man appointed? 



PARLIAMENTARY BULBS. 275 

iliat practiced by 1 1 1 < * assembly. (Chap. LXVII.) It is, 
ho* rved; nor, indeed, dors the same 

a to be q< 

§ 7. When b paj i . I liey may 

e it ; Inn they must, in a -'pa- 
wn the amendments tiny have agreed to 
rep be inserted or omitted, and 

win ference to the paragraph, line, and word. Ov, 

if t!. nts a num rous, they may be reported in 

the form of a new dral 

ittee have agreed on a report, it. is 

iber, and voted, that the chairman, or 

their report to the assembly. 

report, the chairman of the committee, 

i - ■, that the committee 

to whom was n ferred such a bill, or subject, have, according 

• under consideration, and have directed 

la:;, :. • without amendment, or with sundry 

(as the c ise may be,) which he is ready to do 

when it shall please the house to receive it; and he or any other 

m »ve that the report be now received. 

^ 10. If. however, no objection is made, the report is re- 

rithout the formality of a motion and vote. So also 

: t by the chairman, and again by the 

.- usually dispensed with, until 

it i- . i he prinli a in 

arj . 
i. the 
; a new 
. itfc i- recom- 
mit w bich, pt in im- 

If a report is not 
i d, but may be 
. 

mitt e, m ben taken up for 

>ther 

! 



276 citizen's manual. 

propositions. And when it is to bo disposed of by a final 
vote, the question is stated to be on its acceptance; and, if 
accepted, the whole report become* the statement, resolu- 
tion, or act of the assembly. The receiving of a commit! 
report is perhaps, especially in ordinary assemblies, a 
frequently termed accepting it, and the final act, instead of 
accepting, is called adopting the report 

vs 13. All legislative h<>(ii<-s sometimes act as a committee 
of the whole; and while Bitting as such they are not called 

by their usual name, as the senate, or the house, but are 
addressed or spoken of as the committee. And the presiding 
officer is not called speaker or president, but chairman. 

(Chap. XV, $9, 1').) Ordinary meetings or conventions do 

not at any time assume the name of committee of the whole; 
nor do they, in form, resolve themselves into such commit: 
yet, in many of their proceedings, they are allowed tin- same 
freedom as is usually enjoyed by a legislative committee of 

the whole. 

§ 11. The f<»rm of going from the hous committee 

of the whole, is for the presiding officer, on motion made and 

seconded, to put the question, that the house, or the sen 

do now resolve itself into a committee of tin- whole, to lake 

under consideration such a matter, naming it. It' the <pie>- 

tion is determined in the affirmative, be haves the chair, 

naming some member to act as chairman, and tak< 
elsewhere; and the person appointed chairman, takes his 
seat at the clerk's table. In some legislative bodies, he takes 
the. chair of the presiding oilier. 

§lo. Matters of great concern are usually referred to a 

committee of the whole house. In committee of the whole, 
the executive message is discussed, and the several subj< 
embraced in it are arranged and prepared to he referred to 
the appropriate standing committees, and to select commit- 
tees, if any need to be appointed. Important hills reported 
to the house, are also referred to such committee to he con- 
sidered and amended before they are finally disposed of by 

§ 12. How are reports acted on in the house? § 13. What is a com- 
mittee of the whole? § 14. How does a legislative body pass into 
committee of the whole? § 15. What are the principal objects of 
instituting this committee? 



PARLIAMENTARY RULES. 27 7 

Um house. One object of instituting a committee of the 
whole, is to afford gn ater freedom of discussion. The sense 
of the whole can be better taken in committee, where every 
ften as he pleases, provided be can obtain 
the floor. 

J 16. A committee of the whole can not adjourn as others 
may; therefore, if their business is unfinished at a Bitting, 
some member moves thai the committee rise, report progress, 
and ask leave to >it again. If the motion prevails, the chair- 
man rises, and the presiding officer resumes the chair; and 
the chairman of the committee then informs him, that the 
imittee of the whole fa »rding lo order, had under 

tluir consideration such a matter, and have made some pro- 
B 58 therein; but no! bavins time toco through with the 
lirected their chairman to ask leave to sit again. 
Whereupon the question is put on their having leave, and 
sometimes also on the time when the house will again resolve 
into a committee, 
vj 17. No previous question can be put in a committee of 
tlx* whole; if, the r e for e, it is desired to stop or prevent de- 
bate, a motion may be made that the committee rise. 

3. It' a committee <»f the whole have gone through with 
the matter referred to them, a member moves that tin.' com- 
mit! And that the chairman report their proceedings 
to tie- house; which being resolved, the chairman rises, the' 
siding officer resumes the chair, and the chairman informs 
lam thai the committee have cone through with tie* busii 
rred t<» them, and that he i> ready to make their report 
. the bouse Bhall be ready t«> receive it. 

house are ready t<» receive the report, and a 
ia signified, the chairman pro- 
it, without a question's being taken on receiving. 
But when it i> not the general sense of the house to receive 
report at the tune, the time should be fixed by a motion 

ion. 

$ \G oornl Wna1 if it* I an n<»t 

.i of rutingl $ 17. How may 
debate b in committee <a the whol ! | 18, l!'. How I 

final r :•• to the bo 



278 citizen's manual. 



CHAPTER LXX. 

ORDER IN* i 

§ 1. When the presiding officer is in the every 

member is i ted. The person occi 

may not speak on the question in <!• bate; I 
to matters of order, and 1)-' Bret heard ; 
leave of the assembly, state matters of fact for th< ir infoi 
tion. He may also address the assembly when his decision 
on a question of order is appei Ami when he i 

to speak, any member standing ought tosil down; but a pre- 
siding officer maj not interrupt a m( mber who has the t 1 

§ 2. When a person means tk, be must stand in his 
place, and address the chairman. The man er of o 
the floor, lias been described, (('hap. LXV, ;' l 9 5 | A person 
speaking, should not mention a member present by his nana'. 
but describe him as him who la- the other si l< 
the question, or in some others i i legisla- 
tive bodies, to designate another, as the gentleman from , 

naming the town, county, or district which h< 

§3, [f a member, before he luded his Bpeech, 

gives up the Boor for any purpose, he loses his right to it, 
even though ii is yielded on condition that he shall hai 
again, or though it was given up to r an 

explanation. As a matter of favor, however, the pei 
yielding the Boor, is usually permitted to resume it. 

§4. A person is not to use indecent langua< st the 

proceedings, or reflect upon any prior act or determination 
of the assembly, unless he means to conclude with a motion 
to rescind such determination. But reflections upon a prop- 
osition while under consideration, though it has even been 
reported by a committee, are no reflections on the assembly. 

§ 5. No member may digress from his subject, and fall 

§ 1. How is a presiding officer restricted as to speaking? £ 2. Whom 
must a person speaking address? How must he designate other mem- 
bers? §3. Can a member yield the floor, and retain his right to it? 
$ 4. What language is forbidden? 



PABLIAMXXTAfeY RUU 279 

n another mei 
• bun. 1 ' 

the subj< 

amendnv 

his 
] 
and i 

iks irrel • tbe 

rrupted by ti. man, or called 

. the question may be m 

in the manner in 
lien inter - D IS 

made, or if 01 

[lowed to r; thai is, ke< 

the particular subject before tl bly. 

iber may, without the genera] consent of the 

mure than once to the same question, until 

0. lh- may then speak a 

ral 

- 

who have bj <>k< :; 

in i 

I 

I 

ter- 

- 

uf tpeaking? $ 9- ' 



280 citizen's manual. 

§ 10. ~No member is to disturb another in his speech, by 
hissing, coughing, speaking, or whispering; nor by passing 
between the member speaking and the chair, or by walk- 
ing across the room; nor by any other disorderly behavior. 
But it' a member finds that the assembly are not inclined to 
hear him, and that by conversation or any other noise they 
endeavor to drown his voice, it is the most prudent way to 
submit to the pleasure; of the house, and to sit down; lor it 
seldom happens, that members are guilty of this piece of 
ill manners without BOme reason; or that they are so inat- 
tentive to one who says anything worth their bearing. 

§ 11. If repeated '-alls do not produce order, the chairman 
may call bv his name anv member obstinately persisting in 
irregularity ; whereupon the assembly may require him t<» 

withdraw. He is then to be heard in exculpation, and to 

withdraw. Then the chairman Btates tin- offense committed, 
and the assembly considers tin kind and d< punish- 

ment to be inflicted 

§ 12. If a member uses disorderly, offensive, or insulting 

words, he is interrupted by another member or by several 

members rising and calling him to order. The member com- 
plaining of the words and desiring them to be taken down 
by the clerk, must repeat them; and the chairman may then 
direct the clerk to take them down in his minutes. But if 
he thinks them n<»t disorderly, he delays the direction. If 
the call becomes pretty general, he orders the clerk to take 

them down as stated by the objecting member. They are 
then part of his minutes, and, when read to the offending 
member, he may deny that they were his words, and the as- 
sembly must then decide by a question whether they were his 
words or not: and the words, as written down, may be amend- 
ed so as to conform to what the assembly thinks them to be. 
§ L3. Then the member may either justify the words, or 
explain the sense in which lie used them, or apologize. If 
(lie assembly is satisfied, no farther proceeding is necessary. 
But if two members still insist on taking the sense of the 
assembly, the member must withdraw before that question 

§ 10. What acts of indecorum are prohibited? $ 11. How is a per- 
son speaking- dealt with for persist! ng in irregularity? $ 1*2. "What 
course is taken when a member uses disorderly words? 



aLiamkntaky rules. 281 

is s: I then the sense of the assembly is to be taken. 

If the offending member is allowed to conclude his speech, 
and anv other m s| :iks, or other business intervenes, 

m not be taken notice 
- rarity oi all, and 
to prevent n ivhtch aiv likely to happen, if words are 

taken down immediately. 



C HAPTE B LXXL 



TAKING TUE QUESTION" MANNEK OF VOTING RECON- 

SIDERAT 

the debai nded, and the 

final vol taken, t: ling officer states the ques- 

1 puts it, always first in the affirmative, in words 

diffi July in form in different bodies; but substan- 

- fOU who are in favor 
..< nearly as may be, the words of the ques- 
— . . and after the answer of ayes, All those who 

say no. 

tog offieer then, judging by the sound 
, declares to the assembly that the 
t <">. or the noet kavt if, as the case may be; or, as 
/. or, it is fort If lie is doubt- 
ful • majority, he may put the question a second 
tim ii in,;- the result. If he is still unable to 

nr mber is not satisfied 

.My 

may be counted. 

the mei te by holding up 

. the practice in 

Fe of dividing a house, is to 
. rmatiw. and 

$ 1 3 

$ 1. '» . How 

ire the result? 



282 citizen's manual. 

then those in the negative, and be counted. Every member 
present when the question is stated, i<, Recording 
eral ride, required to role; and, on the other hand, D 
can vote who was not then in the room. 

§ 5. Another form ot* taking the question, is by taking the 
yeas and nays. This mode i> practiced in legislative 
in this country. The form of stating a question to be thus 
taken, is, All who arc in favor of, &c, will, Iheir 

names arc called, answer fee; and, All the are 

opposed, will, whin iheir names an eal ■<>. The 

roll is then called in alphabetical order, by the clerk, who 

notes the answer of each men, >v no, The yeas and 

nays are then counted, and the result declared. 
§ 0. Except on the final p a bill, qu 

ally are oof taken in this manner, unless called for by dq 
bers, who, for certain i bave the yeas and 

nays entered on the journal. The eonstituti w of the state 
declares what number of members shall request Lb 

and nays, in order to require them to be taken. TIj 

tutions of some states, require the yeas and nays on the final 
passage of all bills and resolutions. 

§ 7. According tO the Btrict rule of parliament, H 

once put and decided, can not be brought up again al 

same session, but must stand as the judgment of the bot 

This rule prevails in thi< country also, but with ■ m idifical 

which has often been found useful in I ably 

from great inconvenience and difficulty otherwise unai 

§ 8. When a question has been decided in the affirmative 
or negative, it is in order to move that the vote be f 
eral. If such motion prevails, the matter is resl «red to the 
state in which it stood before the vote reconsidered i 
taken. In many legislative bodies, there is a special n 

providing that a motion to reconsider may be made onlv 
the same or the next day, and by a member wl, pviifa 

the majority. l>ut this rule, like other Bp -rial rules, is bind- 
ing only where it has been expressly adopted. 

$-1. How is a house divided! ^ .">. Bow is the queetioii tafc 
yeas and nays? § G. When must the question be thus taken? In 

what cases in this state? (See Cons.) $ 7, 8. By what means may a 
question once decided be revived? 



CONSTITUTION OF THE UNITED STATES. 283 



APPENDIX. 



CONSTITUTION OF THE UNITED STATES. 



We, the people o( the United States, in order to form a more per- 

;i-e. insure domestic tranquillity, provide for 
the com: ice, promote the general welfare, and secure the 

to ourselves and our posterity, do ordain and 
onetitution for the United States of America. 

ARTICLE I. 

ios 1. All legislative powers herein granted shall he vested in 

the United Stat 3, which shall consist of a senate and 

r sentatives shall h<> composed of mem* 

d year, by the people of the several states; 

i h.i\e tin* qualifications requisite for 

h of the Btate legislature. 

. ho a re j resentative who shall not have attained t<> 

I i ciuaeu el the 
Dot, when elected, he an inhabitant of 
BOB. 

hall 1"' apj ortioned among the 

ded within the Union, according to 

b, which >! rmined by adding to the 

i h ee bouud to service for a 

- in t taxed, tun e fifths of all 

i shall he made within three 

nf tlie United States, and 

i of ten ) ears, in such m they 

ill not vm 

i-;r d, but each btate si all \u I <>ne 

in. : itiori a) I] l e me Le, the state 

of New Ham; ,i be entitled tochoo •• Lime; M.. isechuaeUi 



284 citizen's MANUAL. 

eight; Rhode Island and Providence Plantations one; Connecti- 
cut fice ; New York tix; New Jemey four; Pennsylvania tight; 
Delaware ovr ; Maryland «x; Virginia ten; North Carolina jaw/ 
South Carolina five ; Georgh three. 

When vacancies happen in ti itation from any state, tho 

executive authority thereof shall issue writs of election to till sock 
vacancies. 

The house of representatives shall choose tl.- t and other 

officers, and shall have the sole power of impeachment 

Sac. ;j. 'i be senate of the Unit* f two 

senators from each Btate, chosen by I ire tliereof, fin 

years; and each senator shall hive one vote. 

Immediately after they shall be assembl d in consequence of the 
first election, they Bhall be divi Led, as equally as may 1 e, into three 
classes. The seats of the senators of th< tall be vacol 

at the expiration of the second year ; of tin second class st the ex| i- 
ration of the fourth year ; and <>f the tliird class at the expiration of 
tin- Bixth I bat one-third may be cl 

and it" vacancies happen, by resignation, or otherwise, during the 

the legislature of any Btate, the executive thei sake 

temporary appointments, until the next m< ature 

Which shall then fill such vacai 

No person shall be a senator who shall not have attained to the 
age of thirty years, and been nine years a citizen of the United Sti 
and who shall not, when elected, be an inhabitant of that Btate 
which be shall be chosen. 

The rice-president of the United Stairs shall be president of the 
senate, but shall have no vote, unless they be equally divided. 

The senate shall choose their other officers, ai '1 also a president 
pro tempore, in the absence of the vice-president, <>r when he shall 
exercise the office of president of the United 8 

The senate shall have the sole power to try all impeachi 
when sitting Tor that purpose, they shall be on oath or affirmation. 
"When the president of the United States is tri< d, the chief justice shall 
preside; and no person Bhall be convicted without the concurrent 
two-thirds of the members present. 

Judgment, in cases of impeachment, shall not exto nd further than 
to removal from office, and disqualification to hold and enjoy 
office of honor, tmst, or profit, under the United States; but the 
party convicted shall, nevertheless, be liable and subject to indict- 
ment, trial, judgment and punishment, according to law. 

Skc. 4. The times, places and manner of holding elections for sen- 
ators and representatives, shall be prescribed in each state by the 
legislature thereof; but the congress may at any time, bv law, make 
or alter such reflations, except as to the places of choosing senators. 

The congress shall assemble at least once in every year ; and such 
meeting shall be on the first Monday in December, unless they shall, 
by law, appoint a different day. 

* Sec. 5. Each house shall be the judge of the elections, returns and 
qualifications of its own members ; and a majority of each shall con- 



C OHB T l T UTl OB Of THE twin-ID 3TATB8. 285 

it n smaller number may adjourn 

! to compel the attendance of 

n\ members, in rach manner, and under such penalties, aa each 

punish its 
lisofdurl ind, with the concurrence of two- 

thirds, expel a member. 

use shall keep a I time 

. m their judg- 
i 1 the y< as ■ d navs bera of 

;' one fifth of th 

during tii - 9e - mall, without the 

Ijourn b»r more than three days, nor to any 
than that in which tlic two houses shnll be >ittii:u r - 
rhe senat s : 1 1 m 1 repres - - c ive a comp 

lined by law, and paid out of the 
They shall, in all cat 

si during I 
. <»f their res g to 

ng from the same: and for any speech or debate in cither 
• >ned in any other ]■!.. 
presentative shall, during the time for which lie was 
p] ointed to any civil office under the authority of the 
- 1 11 have been created, or the emoluments 
wb have been increased, daring such time ; and no person 

hoi | :Hee under the Unit 3, shall bo a member of 

• ntinuance in office. 
bills tor raising revenue shall originate in the house of 
. . • may propose, or concur with, amend- 
bills. 
y bill which shall have passed the house of representatives and 

nted to the president of 

; but if not, he shall 

in it. With in which it shall have 

■ on their journal, 
It ,.'•• r such reconsideration, | 
third- of the house shall bill, it s! . together 

use, by wh eh i| shall likewn* 

two-thirds shall 

t both bonsea shall 

\ ot- 

turnal of • 

••d by the president 

. ) after it shall I itc 1 

to him, • .'ill 00 a law. in like mar.ii> r ,i,d 

i Ijournment, pn , in 

law. 

ntion or rote, to which tl. nee of the 

feca on a 



280 citizen's manual. 

question of adjournment) fOinll 1>p presented nt of the 

United States, aiid before the same 

by him, or, being d ball b ■ ) assed by two-thi 

of thi 

limitat > l ed in ll 

Si • r — 

To lay and col 
debts and | toy ids for the common I iho 

Unit 
throughout the D nib d 

T<> borrow money on ti e credit of iho r 

To i* ilic several 

i, and a ith the Indian u i 

To i Btaliliah ■ 
the sub < cl of batil i 

and fix 
To ] 

nt i n.n of | be I 
l -- i 

'1 (» | remote il 
for liiinit 

■ tive a in;: 
To ( onatitute 1 1 1 1 ■ ; ^ 
To define and j 

r l ,< declare make 

rules cono 

To raise and - 
thai use shall be tor ■ longer term than iv> 

To proi ide and maintain ■ navy : 

To make i 
naval fore 

To provide for calling forth th lof the 

Union, buj | 

To pi 

j 1 e employed in ll 
of tne United S ctively, tlie app 

inn.t of the oi the militii 

To i i 
district (not exceeding u d m may, by i 

ticular states, and tlie acceptance i I 
emment of the United States, and 

places purchased by the consent of tlie legislature of t h- 
which tne same shall be, for the erectiou of f< 
dockyaids, and other needful buildings: And. 

To make all laws which shall It necessary and proper for carrviag 
into execution tlie foregoing powers, and all other powers 



CONSTITUTION OF THE UNITED STATES. 287 

this constitution in the government of the United States, or in any 
department or officer thereof. 

£ . 9. The migration or importation of such persons as any of the 
— I »; 1 1 1 think proper to admit, shall not be prohib- 
ited by the congress prior to the year one thousand eight hundred 
and eight : but a tax or duty may be imposed on such importation, 
not ei \ i dollars for each person. 

The privilege of the writ of habeas corpus shall not be suspended 
unless win a, iu cases of rebellion or invasion, the public safety may 
re it. 

ill of attainder or ex post facto law shall l>e passed. 
pitation or other direct tax shall be laid, unless in proportion 
to tlie census or enumeration herein before directed to be takou. 
No tax or duty shall he laid on articles exported front any state. 
ence shall be given, by any regulation of commerce or rev- 
e, t<» the ports of one - those of another; nor shall vessels 

d to or 1'ioin i be obliged to enter, clear, or pay duties 

in another. 

No money shall be drawn from the treasury, but in consequence of 
ap| i - iiiaic by law; and a regular statement and account 

of the receipts and expenditures of all public money shall be published 
ime. 
:1c cf nobility shall be granted by tlie United States ; and no 
ion holding any office of profit or trust under them shall, without 
the consent of the congress, accept of any present, emolument, office, 
title of any kind whatever, from any king-, prince, or foreign state. 
10. No Btate shall enter into any treaty, alliance or confedera- 
tion ; grant letters of marque and reprisal; coin money; emit bills 
of credit ; make anything but gold and silver coin a tender iu 
payment of debts; pass any bill of attainder, ex post facto law, 
or law impairing the obligation of contracts; or grant any title of 
I ; ty . 

shall, without the consent of the congress, lay any imposts 

cept what may be absolutely 

for executing its inspection laws: ami tin- net produce of 

imposts laid by any state on imports or exports, shall 

be I easary of the United States; and ail such laws 

t t«» the revision and control of the congress. No state 
i, without lay any duty <>i' tonnage, keep 

I eace, enter into any agreement or 
Late, or with a foreign power, or engage in war, 
unless actually invaded, ( r in such imminent danger as wdi not admit 
of delay. 

a l t i c 1. 1; 1 1. 

►wer shall he vested in a president of 

merica, He shall hold Ins office during the 

term of four i (her with the trice-president, chosen for 

the 

, in such manner as the legislature thereof 



288 citizen's manual. 

may direct, a number of electors, equal to the whole number of sena- 
tors and representatives to which the state may be entitled in the con- 
^e^s; but no sen;. tor or representative, or pe son holding an otiice of 
trust or profit under the United States, shall be appointed an elector. 
'I he electors shall meet in their n Bpecth d vote by ballot 

for two persons, of whom one at least shall not be an inhabitant of 
the same state with themselves. Ami they shall make a List of all 

Bona voted tor, and of the number oi votei ten, which list 

they shall sign and certify, and transi d, to the* rera« 

men1 of tlie United St d to the president of tn 

The president of the senate shall, in the presence of the senate and 
house of representatives, open all the certificates, and the rotes shall 
then be counted. The person having est numbei 

shall be the president, it Buch i. of the wl 

numb r oi more 1 en ho 

• su< h ma 1 numb, i . then the 

house "i reprea at itiv< - shall imn ediatel} c I one of 

them for ] n sident ; and if do p rson have s majority, then, from the 

the president. ikea 

by Btati s, the repn s : ■ mm- 

i am for this put pose Bhs oni I iro- 

thirds of the states, and a man rity of all lh< 
to a choice, 1 a <\ • ry cat lident, the | 

boo having the great si nurol • as of the i I 

vice-president But it' thin- sh<.;,!d remain two or more who have 
equal votes, ti -.■ from them, by ballot, the vice- 

president 

(By the 12th article of amendment, the 
pealed.) 

'1 he congress may d< termine the time of choosing - 

the day on which tin y si. ail give their Votes, which shall be the K 

throughout tin- United Sta 

No person, exce] ; a natoral born citizen, or a eitizen of the l 
States at the time of the adoption of this constitution, shall beelig 
to the office of president: neither shall any p i ligible to that 

office who shall DOt have attained to l lie age <d' thirty-live yi 

hem fourteen years a resident within the united States, 

In case of the removal of the president from office, or of his death, 

resignation, or inability to discharge the powers and duties of the i 
office, the same shall devolve on the vice-president, and the coug 
may, by law, provide for the case of removal, death, resignation, or 
inability, both of the president and vice-president, declaring what 
officer shall then act as president : and such officer shall act accord- 
ingly, until the disability be removed, or a president shall be elected. 
The president shall, at stated times, receive for hi-> services a com- 
pensation, which shall neither be increased nor diminished during the 
period for which he shall have been elected ; and he shall not receive, 
within that period, any other emolument from the United States, or 
any of them. 



CONSTITUTION" OF THE UNITED STATES. 289 

Before he the execution of hia office, he shall take the fol- 

lowing oath or affirmation : 

>r affirm) that I will faithfully rxifnte the 

;' the United States; and will, to the beat of my 

. and defend the constitution of the United 

ommander-in-chief of the army 
and navy of the d d of the militia of the Beveral Bti 

when called into th< act sei o( the United States; lie may re- 
qnire the opinion, in writing, o( tin' principal officer in each of the 
• mi any Bubject relating to the duties of their 
re<j all have power to grant reprieves ami 

: ates, excepl in cases oi 

power, by and with the advice and consent of the 

to make treaties, provided two-thirda (^' the senators present 

concur : and he shall nominate, and by and with the advice and con- 

:, sadors, other public mioistere 

erne court, and all other officers of the 

are not herein otherwise provided 

vhich shall lished by law : hut the congress may, by 

the appointment of such inferior officers as they think 

lent alone, in the courts of law, or in the heads 

(l f d< partm 

The president shall have power to fill up all vacancies that may 
happen during the recess of the senate, by granting commissions 
which shall the end of their next session. 

.3 !f snail from time to time, give to the congress information 
oft' Union; and recommend, to their consideration 

m lessary .and expedient. He may, 

ne both houa s, or either of them ; 

Miit between them, with respect to the time 

turn them t<> such time as he shall think 

- and other public minis 

the laws be faithfully exec;;- d ; and shall 

- 

:id all <'j\ il officers <>f tin 1 

on impeachment for, and 

con. and misdemeanora 

.\ it II CLE II I. 

;ts ns the congress q 
lisb. The judg< a both of the 
I bold their offices during L r "<»<i 
- 

diminished die . 

• i 



290 citizen's manual. 

and treaties made, or which shall be made, under their authority ; to 
all cases affecting ambassadors, other public ministers, and consul's ; to 
all cases of admiralty and maritime jurisdiction; to contro 
which the United States shall be a party; to controversies bet* 
two or more states; between a state and citizens of another - 
twecn citizens of different state>; between citizens of the - 
claiming lands under grants of different states; and between a state, 
or the citizens thereof ; and foreign states, citizens 01 

In all cases affecting ambassadors, other public ministers and con- 
suls, and those in which a stale shall be a party, the - court 
shall have original jurisdiction. In all the other cases before men- 
tioned, the supreme c<>urt shall have appellate jurisdiction, both i 
law and fact, with such exceptions, and under Such 
congress shall make 

The trial of all crimes, except in ea-.< oi impeachment, shall be by 
jury; and such trial shall be held in the state where the -aid c: 
shall have been committed ; but when not commits d within any si 

the trial shrill be at such place 01 ) law 

have directed. 

Bio. '.i Treason against i 1 alyin levy- 

ing war against them, oris adhering to their i 

and comfort No person shall be convicted • the 

testimony of two witnesses t<> the same overt set, or on confession in 

open court. 

The congress shall have power to declare the punishment i ? l 

son ; but no attainder of treason shall work corruption of blood, or 
forfeiture, except during the life of the person attainted. 



ARTICLE IV. 

SECTION 1. Full faith and credit shall be giy< n. in i to the 

public acts, records, and judicial proceedin -•ate. 

And the Congress may, by gen< ral law-. r in which 

Rich acts, records and proceedings shall be proved, and I 

thereof. 

Baa 2. The citizens of each state shall be entitled to all the privi- 
leges and Immunities of citizens in the several stal 

A person charged in any state with treason, felony, or other crime, 
who shall flee from justice, and be found in anoth< r state, shall on 
demand of the executive authority of the >tatc from which he fled, be 
delivered up, to be removed to the state having jurisdiction of the 
crime. 

No person held to service or labor in one state, under the laws 
thereof, escaping into another, shall, in consequence of any law or 
regulation therein be discharged from such sen ice or labor; but shall 
be delivered up on claim of the party to whom such service or labor 
may be due. 

Sec. 3. New states may be admitted by the congress into his 
union ; but no new state shall be formed or erected within the juris- 
diction of any other state, nor any state bo formed by the junction of 



CONSTITUTION OF THE UNITED STATES. 291 

two or n tea, without the consent of the legis- 

i I the congn 

all have ] ower to disj ose of, ami make all needful 

U rntory or other property belong- 

11 ostito inall be so 

nited Stale-, oi of any 

; 

Sec 4. 1 ry state in Uiis 

union a republican ! shall protect each of 

them agaiost invasion, at licatiooofi I the 

:utive(when tin- 3 1 oof be convened) against dom< 

.ce. 

ARTICL B v. 

The - two-thirds of both houses ahaU deem it 

amendments to this constitution, or on the 
application of tl of two-thirds of the several states, shall 

call a convention for pr mendments ; which, in either, 

shall be valid to all intents and pui part of this constitution, 

1 ratified by the legislatures of three-fourths of the several sti 
nventions in three-fourths thereof, as the one or the other 
mode of ratification may d by the congress: Provided, that 

no amendment which may be made prior to the year one thousand 
I hundred and eight, shall in any manner affect the first and 
fourth clauses in the ninth section of the first article; and that no 
state, without its consent, shall be deprived of its equal suffrage in 
:.ate. 

ARTICLE VI. 

contracted, and engagements entered into, before the 
1 f this constitutio] . j valid against 1 sited 

der the confederation. 
• itntion, and tl which shall 

le or which shall be 
made under the author: - pi me 

law 1 be bound then by, 

ary not- 

i, and the mem- 
and judicial 
\ shall be 
bom 

b qualification to any offic 

: D ■ 

a 1: 1 1 c 1. f; \ 1 i. 

fficient 

• 1 ry - 



292 citizen's manual. 

Done in convention by the unanimous consent of the states 
the seventeenth day of September, in the year of our Lord one 
thousand seven hundred and eighty-seven, and of the inde] 
ence of the United E America the twelfth. In witness 

whereof we have hereunto sal 11 names. 

GEORGE WASHING! 

President, and Delegate from Virginia. 

New Hampshire. — John Gil man. 

y\ kssAi in 5i pi — Nathan 

i i. — Wi . man. 

;. — Alexai 
New Jebset. — William Livi son, David 

Breai ly, Jonathan Dayton. 

I'i \ ! — Benjami is, Thomac 

simons, Jam< - Wil Clymer, Jared In- 

gersoll, I • 

I >i.i. \\v \;:i:. — I '■■ 

Richard Ba oom. 

Maryland, — .J aim- M'B Daniel 

OarroU. 

\'iK(;iM \. — John I' . Jr. 

North Carolina. — William Blouut, Eticb 
"Williamson. 

South Caroi hca. — John I 
Chas, Ootesworth Pinckney. 

EtGiA. — William Few, Abraham Baldwin. 

Attest. William J cretary. 



AMENDMENT a 

Article I. Congress shall make no law respecting an establish" 

ment of religion, or prohibiting the free exercise thereof ; or abridg 
ing tlie freedom of speech or of the press ; or the right of the pi 

peaceably to assemble, and petition the government for a redress of 
grievances. 

Art. II. A well regulated militia being necessary to the security 

of a free state, the right of the people to keep and bear arras shall 
not be infringed. 

Art. III. No soldier shall, in time of peace., be quartered in any 
house without the consent of the owner, nor in time of war, but in a 
manner to be prescribed by law. 



CONSTITUTION OF THB UNITED STATES. 293 

of the people to be secure in their persons, 
- 
doI be violated; ai ant shall issue, but upon probable 

. or affirmation, and particularly describing 
the | and the persons or things to be seized. 

be held to answer for a capita] or other 

r Indictment of a --rand 

ring in the land or nav or in the militia 

m in actu . in time of war or public dan shall 

i be twice put iii jeopi 
'limb; nor shall be compelled, in any criminal cae 
witn a . himself; nor be deprived of lite, liberty, or prop 

with ss of law; nor shall private property be taken for 

public 

. VL In all criminal prosecutions, the accused shall enjoy the 
.blic trial, by an impartial jury of the state 
an'! a the crime shall nave been committed, which dis- 

en previ a bained by law; and to be in- 

: the nature and cause of the accusation; to be confronted 
with the b< bim ; to have compulsory process for ob- 

taining '. his favor; and to have the assistance of counsel 

tor hifi 

SUita at common law, where the value in controversy 

.uity dollars, the right of trial by jury shall be pre- 

tried by a jury shall be otherwise re-examined 

urt of the United States, than according to the rules of 

. ..on law. 

. VIII. Excessive bail shall not be required, nor excessive fines 
cruel and unusual punishments inflicted. 

enumeration in the constitution of certain rights, 
. :iy or disparage others retained by the 

•. the con- 

ly, or to ih 

f the Unit mall not b 

in law dr equity, commenced or j i: 

el in their • a, and 

6 of whom, ai !• 

ot of the - with themselves: they 

*s president, and in 

i a i and ihey shall 

president, and of all per- 

. and ot' the Dumb ich ; 

whi ;y, and transmit, sealed, to (he 

I to the president of 

and 



294 citizen's manual. 

shall then be counted; the person having the greatest number of 
votes for president shall be the pn sident, if such d I ■ majority 

of the whole number of appointed; and it' do person have 

such majority, then, from the persons having the highest numbers, not 
exceeding three, on th<' list 01 Ihof 

of re] mediately, by ballot, the president 

But in choosing the preside at, the rotes shall be takei -. the 

rep: orum for 

purpose shall consist of i member or m< i no two-thirds of the 

Btates, and a majority of all I 

Ami if the house ol repn ben- 

ever the right of choice shall d< o them, before the fourth 

of March next following then the sident shall ad as pi 

dent, as in the case of tn 
the president 

The person haying tl 
shall be the vice-pi y of the \\ hole 

number of electoi i api i I it no ] ereou have a 

then, from ll. 

choose the \ ice-pn sidenl 

two-thirds of the whole aui -. and a n f the 

whole number Bhall !>■• n< 

But no person const itutionallj ln< lig bl( to t 

shall be eligible to that of vice-president of the United Stat 



DECLARATION OF INDEPENDENCE. 



In Cowgbxss, July i. H 

THE UNANIMOUS DECLARATION OF Tl I E THIBTEBH I'M, 
STA ■; LMERIOA. 

When, in the course of human events, it becomes necessary for one 
people to dissolve the political bands which have connected them with 
another, and to assume, among the powers of the earth. th< - 
and equal station to which the laws of nature and of nature's God 

entitle theiu, a decent respect to the opinions of mankind reqi 
that they should declare the causes which impel them to the separation. 
We hold these truths to be self-evident : that all men are created 
equal, that they are endowed by their Creator with certain unalienable 



DECLARATION OF INDEPENDENCE. 295 

its; that among these are life, liberty, and the pursuit of happi- 
3. Thai to secure these rights, governments are instituted among 

men, deriving their just powers from the consent ^( the governed; 

that whenever any form of government becomes destructive of these 

3, it i- the right oi the people to aker or to abolish it, and to insti- 
tute a new governn a foundation on such principles, ami 

- powers in such form, as to thorn shall seem most likely 
t" effect their e : happiness. Prudence, indeed, will dictate, 

that governments long established should not be changed for light 
and transient causes; and accordingly all experience oath shown, 
that mankind are more dispoc ' r, while evils are sutlerable, 

than to right themselves. by abolishing the forms to which they are 
accustomed. But when a long train of abusi - ami usurpations, pur- 
suing invariably the same object, evinces a design to reduce them 
under absolute despotism, it is their right, it is their duty, to throw 
i to provide new guards for their future secu- 
rity. Such has been the patient sufferance of these colonies; and 
is new u ■ which constrains them to alter their former 

'.eminent. The history of the present king of Great 
Britain i- a history of repeated injuries and usurpations, all having in 
direct object the establishment of an absolute tyranny over these 
>ve this, let facts be submitted to a candid world. 
He has refused his assent to laws the most wholesome and neces- 
sary for thi good. 

He has forbidden his governors to pass laws of immediate and 
ssing importance, unless suspended in their operation, till his as- 
sent Bhould be obtained; and when so suspended, he has utterly 
'tend to them. He has refused to pass other laws for 
: of large districts of people, unless those people 
Linquish the right of representation in the legislature — a 
ble to them, and formidable to tyrants only. 

ther legislative bodies at places unusual, nn- 

□ the depository of their public records, 

for _ them into compliancy with his 

He 1: 3 repeatedly, for opposing, 

bis invasions on the rights of the people. 

-•: di - lutions, to cause 
hereby the legislative powers incapable of 
fiilation, 1 pie at large, f<»r their exen 

the state remaining; in the mean time, i - all the dangers of 

inv, - within. 

He 1. tli" population of these st;it«'> ; for 

•• naturalization of foreigners; 
6 their migration hither, and i 
ii of new appropriations of lands. 

:ion of justice, by refusing his 
stablishing judiciary poti • 
He has made ; . •■ >r the tenure of 

■ at of tin ix 



296 citizen's manual. 

He baa erected a multil .:ma 

of officers, to ha 
He 

• of OUT 1- 

I | 

to, the civil p- 

senl t<> i! • 

murdere whicb 
For cutti 

ul : 

For I 
For al o 
proi ince, eatabiifchi 

ment for intro I 
For takin 

For auspendii g 
I with power to 

H« li 

;. and u i j 
He ha 

He ia 

I !<• I.. 

of their friends ai -1 I 

I [i bas excib d d 
t«> bring on the inhabitai 
. w nose known rul 

01 B 

In ever} si 
in ilu' moat humble 
only by repeated injury. A | 

l>y every act which may define a of ■ 

free people. 

Nor haw we loon wanting in attentions to 
We have warned them, from time to time, < : 
latino to extend an unwarrantab] 

reminded them of the circumstances of our emigration and - 
here. We have appealed to their nativi 



DECLARATION OF INDEPENDENCE. 



297 



we have conjured them by the ties of our common kindred to dis- 
avow these usurpations, which would inevitably interrupt our con- 
nexions ami correspondence. They, too, have been deaf to the \ 
of justice and consanguinity. We must, therefore, acquiesce in the 
which denounces our separation, and hold them, as wo hold 
the rest of mankind — enemies in war. in peace, friends. 

We, therefore, the representatives of the United States of America, 
in general con mbled, appealing to the Supreme Judge of 

the world, for the rectitude of our intentions, do, in the name and by 
the authority, of the good people of these colonies, solemnly publish 
and declare, that these united colonies are, and of right ought to be, 
free and independent states; that they are absolved from all allegi- 
ance to the British crown, and that all political connexion between 
them and the state of Great Britain is, and ought to be, totally dis- 
solved ; and that, as five and independent states, they have full power 
to levy war, conclude peace, contract alliances, establish commerce, 
and do all otl which independent states may of 

right da And for the support of the declaration, with a firm reliance 
on the protection of divine Providence, we mutually pledge to each 
other our lives, our fortunes, and our sacred honor. 

JOHN HANCOCK, 

President of Congress, and 

Delegate from Massachusetts. 

Nbw Hampshire — Josiah Bartlett, William Whipple, Matthew 
Thornton. 

- Bay. — Samuel Adams, John Adams, Robert Treat 
Paine, Elbridg" 

— Stephen Hopkins, William Ellery. 
er Sherman.. Samuel Huntington, William Wil- 
Wolcott 

. — William Floyd, Philip Livingston, Francis Lewis, 
Lewi 

— <>n, John Witherspoon, Francis llop- 

I 'a rlc. 

-. B< njamin Bush, Benjamin Frank- 
lin, Johi Clymer, Janus Smith, George Taylor, 
James Wilson. 

M 'K. roi. 
iliiam Baca, Thomas Stone, Charles 
■ 

— ice, Thomas 

:i, Jr., Francis Lightfoot Lee, Car- 
ii. 

— '• Hooper, Joseph Hewes, John Penn. 

E lward Rutledfi - Hey ward, Jr., Arthur 

. — Button ' a Hall, George Walto 

Attest, Ciiau:. irij. 



298 citizen's manual. 



CONSTITUTION OF THE STATE OF olllo. 



Wi.. the people <»i* i' 
our freed 

ij iblish thi 

i i: 1 

ton I. A.11 men are by nal nd independent, and have 

certain inalienable and 

and liberty, acquii Lug 
i rty, and Becking and obi 

Sec. 2. All political p >wer is iuhereut in the | nun nl 

is instituted for their equal protection aud benefit; i 

to alter, abolish tl 

deem it necessary; sfa 

be granted thai mi d by the 

eral assembly. 
. :;. The p opl ; 
able manner, I i 

sentatives, and to petition the ■.:« , :n : al assembly for I 
grievances. 

1. The p 
and security : bul standing armies, in tin 
liberty, ana shall not be kepi up; and the i 
subordination to the civil poi 

Sec. 5. The right of trial by jury shall be inviolate. 
Sec. 6. There shall be no slavery in this • Luntary ser- 

vitude, unless for the punishm ma 

Sec. 7. All men have a natural and in I ight to v 

Almighty God according to the dictates of their own 
person shall be compelled to attend, erect, or support any place of 
worship, or maintain any form of \ I gainst his and 

no preference shall be given, by law, to any religious ; nor 

shall any interference with the righl ience be p rniit 

religious test shall be required as a qualification for office, nor shall 



CONSTITUTION OF OHIO. 299 

any person be incompetent to be a witness on account o\° his religions 
f; but nothing herein shall be construed to dispense with oaths 
and affirmations. Religion, molality ami knowledge, however, being 
tvernment, it shall be the duty of the general as- 
semb ble laws, to protect every religious denomination 

in the peaceable enjoyment of its own mode of public worship, and 
. and the means of instruction. 
B . 8. j he privilege of the writ of habeas corpus shall not be sus- 
pend a of rebellion or invasion, the public safety 
requin 

9. All persons shall be bailable by sufficient sureties, except, 
for capital offenses where the proof is evident, or the presumption 
dve bail shall not be required; nor excessive fines im- 
: nor cruel and unusual punishment indicted. 
LO. Except in cases of impeachment and cases arising in the 
I navy, or in the militia, when in actual service, in time of 
- of petit larceny and other inferior 
oflens beheld to answer for a capital or otherwise 

infamous crime, unless <>n presentment or indictment of a grand jury. 
In any trial, in any e<>urt. the party accused shall be allowed to appear 
and defend in person and with counsel; to demand the nature and 
ttion against him, and to have a copy thereof; to 
I the witnesses face to face, and to have compulsory process to 
procure the attendance of witnesses in his behalf, and a speedy pub- 
lic trial by an impartial jury of the county or district in which the 
offense is alleged to have been committed; nor shall any person be 
com])*. lied, in any criminal case, to be a witness against himself, or 
be twice put in jeopardy for the same offense. 

. 11. . citizen may freely speak, write, and publish h ; 

e of the right ; 

and no i.v rain or abridge the liberty of sp 

or o In all criminal p - tor libel, the truth may 

jury, and if h shall appear to the jury 

Tuc, and w;i> published witn 

acquitted 
i out of ; : For any 

'.all work cor- 
rupt; 

hall, in time of p | lartered in any 

>r, in time of war, except 
ribed by 1 

in their persons, 

and 

: n<» warrant shall is* ue, but upon 

\:mation, particularly describ- 

and ih<- person and 

be imprisoned for debt in action, 

and. 

Or an injury 

.i, or reputation, shall hav< remedy 



300 citizen's manual. 

by due course of law ; and justice administered without denial or 
delay. 

Sec 17. No hei bs» honors, or privi .11 ever 

be granted or conferred by thia state. 

.18. The power .ding laws shall netterbe 

except by tl mbly. 

Seo. L9. Private pro] 
ienl to the public □ taken in time of war, or • 

pul>! •■ for 

the purpose of mak ds, * hich shall b ■ o] 

public, without i..: 1 ! ! e made to tl 

in money : and in all o 
taken for public us •. a c< 

money, or firsl secured I d ;h comp 

tion shall I d !•;. a jury, without deduction fori any 

property ol 

to im- 
pair or deny o( ned by the 
. 

i i. 

Bhall be vested In a 
general assembly, winch shall < 

illy, by 
the electors in the n spective i r districts on thi 

day of October : their term of 
ol* January next th sreafter, an ' 

3. S< aat led in their 

respective counties, or district* their elet I 

Unless they shall h Bt OH the pul 

United States, or this state. 

I. No person holding offi< I 

States, or any lucrative office under the authority of I shall 

be eligible to, or ha'. this pro- 

>n shall not exten 1 to town- 
notaries public, or officers of the militia. 

Sec 5. No person hereafter convicted o\" an embezzL men! of tlio 
public funds shall hold any office in this Btate ; nor shall an 
holding public money for disl I or otherwise, have a seat in 

the general assembly, until he shall have accounted for 
money into the treasury. 

Seo. G. Each house shall be judge of the election, returns, and 
qualifications, of its own members ; a majority of all the 
elected to each house, shall be a quorum to do business; but, a 
number may adjourn from day to day, and compel the attendance 
absent members, in such manner, and under such penalties as shall 
be prescribed by law. 



CONSTITUTION OF OHIO. 301 

g the house of repn at the 

commencement of each regular d by law, 

i ided in this constitu- 

- own rul< ^ of 

js, punish fly conduct ; and, with 

the i - cond 

d, shall have all ol 

orbed transaction of 

Bach house journal o{ its | ■. 

which shall 1 .1. At th two members, the 

I upon the . and on th< 

1 ; and no law shall be passed, in 

either houf >f a majoi -ui- 

- 

II have the right to | 

the 
trnent, or delay, 
■ journal. 

nich may happen in either house shall, for 
the term, be filled I shall be directed by law. 

ives, during the session of the 

the same, shall 

- q, felony, or breach 

I for any speech, or debate, in either house, they shall 

. 

ga of both h R be public, except in 

in the opinion of two-thirds of those present, require 

. 

>ut the consent of the other, 
:rn for more than two da;, r to any other 

- ision. 

Hy and distinctly read, on thr- 

se in 

with tin's | ill shall 

» d in its 

ad 

i 

. publicly in 

• which he . while the • 

. all bills and joint 

18. The 

the Stair of Ok 
shall, durii 

which he shall h. d, or for i 



302 citizen's manual. 

appointed to any civil office under this state, which shall be created, or 
the emoluments of which shall have been increased, during the b 
for which he shall have been elected. 

Sbo. 20. The genera] assembly, in eases not provided for in this 
constitution, shall fix the term of office, and the compensation of all 
officers; but do change therein shall a salary of any officer 

during his existing term, unlet; bolished 

Se< . 21. The genera] assembly shall determine, by law, before what 
authority, and in what manner, the trial of contested elections shall 
be conducted. 

::}. No money shall he drawn from the treasury, except in 
pursuance of a specific appro] bylaw; and do appro- 

priation shall be made for a l< "I than tv 

Sic.;J3. The house of representatives shall have tl rerof 

impeachment, but a majority <»i' the n incur 

therein. Impeachments shall be tried by tJ 

w lien Bitting !*<>]• that pui Rrmation t<> <!<» 

justice according to law and evidence, i shall be c 

\vitlmut the COD of two-thil<U of the 

Sao. 24 The governor, judges, and all state officers may bo im- 
peached for any misdemeanor in office; but the judgment shall Dot 
extend further than removal from office, and disqualification to hold 
any office under the authority of this Btate. The party impeached, 
whether convicted or not, shall be liable to indictment, trial, and jt 
men) according to law. 

Sac 25. All regular mbly shall cora- 

mence on the firsl Monday in January, biennially. Tl ssion 

under this constitution shall commence on the first Monday of Jan- 
uary, one thousand eight hundred and fifty-two, 

Sbo. 26. All laws, of a gem ral a uniform • 

tion throughout the Btate; nor shall any act, such u> rel 

to common schools, be passed, to | ins approval of any 

other authority than the pro- 

vided in this constitution. 

27. The election and appointment of all officers, and the filling 
of all vacancies not otherwise provided for by this constitution, or 
the constitution of the Tinted States, shall he made in such manner 
as may be directed bylaw; but no appointing power shall be exer- 
cised by the general assembly, except a- 1 in this constitu- 
tion, and in the election of the Ul ators : and in I 
cases the vote shall be taken " rini I 

Sec. 28. The g aeral assembly shall have do power to pass retro- 
active laws, or laws impairing the obligation of contracts ; but may, 
by general laws, authorize courts to cany into effect, upon such terms 
as shall be just and equitable, the manifest intention of parties, and 
officers, by curing omissions, defects, and errors, in instruments and 
proceedings, arising out of the want of conformity with the Law 
this state. 

Sec. 29. No extra compensation shall be made to any officer, pub- 
lic agent, or contractor, after the service shall have been rendered, or 



CONSTITUTION OF OHIO. 303 

the contract entered into : nor. shall any money be paid on any claim, 

rovided fo 
law ; unless Buch comp claim, be allowed by 

the mem ewu 

p hundred square 
mil - 1 any con below that amount J 

and all laws creating new 001 

imitted to 

1 thereby, 1 era] 

elect] pted by a majority oi all 

h election, in each : but any 

hundred thousand inhabitants, 

may ; in each 

of the proposed dh f the law passed for that 

purpose: hut, no t> shall he divided, nor, shall 

either of the d - than twenty thousand inhabitants. 

ly shall 

ive a rix<.<! ■ law, and no other 

allowance or perquisite, either in or other- 

ge in theii .lion shall take effect during 

. be genera] assembly shall grant no divorce, nor exercise 
any judicial poi rein expressly conferred. 

A RTICL E III. 

EXECUTIVE. 

utive department shall consist of a governor, 

of state, audi: I an at- 

- te on 

- 

_ 

and 

Linue 
until : ifiecL 

In the 

I of 

ml of the 

open and pub- 

ity of the 

rnbly. The person 

but 



304 citizen's manual. 

and opened, and the ha man- 

ner as may be provided by law. 

entire pow 
in the governor. 

Sec. 6. J I*- may require information, in writing, from tie 
the i xecutive di pari an ot, upon an 
their n sp fully 

to the 
Boefa 

[ient 

I 

ibled, the purpx s 

!h.' two hou» a iii ■ 
t<> the in' 

era] assembly to such I i 
the regular me 

of the [Jnil 

II. II.- Bhall I 

('..III! 

and 

proi 

applying forpardoi 

for treason In 1 may port 

the case t«> the 

era! assembly Bhall either pardon, 

ution, or grant a further reprieve, tie shall i » the 

mutation, <>r pi 

\ iet. tli* i don, 

Si o. 12. There Bhall 1>«' ;i seal of the s 
the and u-rd by him i I d shall be call* 

' of the Sin;,' of ( si, 

13. All grants and comm 

and by the authority of the Btate «•! 0] 
ied by the goi ernor, and count 

Sw . 1 1. No meml or of 
under the authority of this Bi 
cute the office of governor, except b pr wided. 

Sec. 15. Jn case of the death, impeachment, resigrnatii 
or other (.Usability of the governor, the powe - 
for the residue of the term, or until he shall be acquitted, <>r the • 
ability be removed, shall devolve upon the lieutenant governor. 

Hi. The lieutenant irovernor shall be prei 
and shall vote only when the senate is equally divided, and in case of 



CONSTITUTION OF OHIO. 305 

bsence or impeachment, or when he shall exorcise the office of 
governor, ti E 'all chooee a president pro tempore. 

17. It' the lieutenant governor, while executing the office of 
governor, shall l»o impeached, displaced, resign, or die, or otherwise 

•iic incapable of performing the duties of the office, the president 

of the >• aate - vernor until the vacancy ifl filled or the 

disability removed ; and if the president oi' the senate, for any of the 

rendered incapable of performing the duties 

" n. i 1 1 i n ir to the office of urovernor, the same shall devolve upon tho 

the house of representatives. 

18. Should tho office oi auditor, treasurer, secretary, or attor- 
ney general, become vacant for any of tho causes specified in the fif- 

;tiou of this srti governor shall till tho vacancy until 

the disability is removed, or a elected and qualified. Every 

vacancy shall bo tilled by election at the first general election 

that occurs nn>re than thirty days after it shall have happened, and 

the person chosen shall hold tho office for the full term lixed in the 

:ion of this article. 

- .19. The officers mentioned in this article, shall at stated times 

ive forth - a compensation to be established bylaw; 

ill neither be increase I nor diminished during the period for 

. they shall have been elected. 

I he officers of the executive department, and of the public 
institutions, shall at least five days preceding each regular session 
of the general assembly severally report to the governor, who shall 
transmit such reports with liis message, to the general assembly. 

ARTICLE IV. 

JUDICIAL. 

:on 1. The judicial power of the state shall be vested in a 

supreme co:irr, in district courts, courts of common pleas, courts of 

ate, justices of the peace, and in such other courts inferior to the 

ourt, in one or more counties, as the general assembly may 

from time t<> time establish. 

preme court shall consist of five judges; a majority 
of whom shall !..• necessary to form a quorum, or to pronounce a deci- 
sion. It - original jurisdiction in quo warranto, mandamus, 
nab such appellate jurisdiction as 

|] hold at leasf one' term in each 

yea- nment, and such other tonus at tho seat of 

may be provided by law. The judges 

ted by th of the state at 

Into nine common pleas difl 

vhieh the county of Hamilton shall constitute one. of compact 

terr and each of said districts con- 

ibdivided into three parti of 
com ounded by county lines, and as ueaiiyoquaJ in 

f whirls one judge of the court of 
J 3 A 



306 citizen's manual. 

common pleas for said district, and residing therein, shall 1 
by the electors of said subdivisions. Courts of commoo pleas, slmll 
be lield by one or more of these judges, in every county in the* district, 
as often as may be provided by law, and more than one court 01 
ting thereof may be held at the same time, in each district 

1. The jurisdiction of the courts of common pleas and of the 
judges thereof, shall be fixed by law. 

8xc, 5. District courts shall Decomposed <>f the judges of the court 
of common pleas of the respective distri 
the supreme court, any three of whom shall be a quorum, i 
he held in each county then in. at Least once in i but if it 

be found inexpedient i<> hold such courts annually in cadi count 
any district, the general asa mbly may for such district, | rovide that 
said court shall hold a1 least three annual sessions therein, ii 
than three places, provided, that the g d< i d '. may bj 

authorize the judgi district to fix I - »f holding 

courts therein. 

Seo. <">. The district Qpurt shall have like original jurisdiction 
the supreme court, and such appellate jurisdit 
by law. 

shall 1"' established in i 

which shall he a curt of reo; I, open at all times, and hold* 

judge elected by the vofc II hold his 

the term of three years, and shall 

out of the county treasury, or by Ices, or both, as shall be provi 
by law. 

Beo. 8. The probate court shall have jurisdiction in prol - 
t.imentary matters, the appointment of adie; 

the settlement of the accounts of ex Iministral ad- 

ieus, and such jurisdiction in habeas corpus, the i 
licenses, and for the sale of land by executors, adn and 

guardians, and such other jurisdiction in any county or counties 
may be provided by law. 

Seo. !). A competent number of justices of the peace shall he i I 
by the electors in each township in the several counties. Their term 
of oilice shall he three years, and their powers and duties shall be 
regulated by law. 

Sir. Id. All fadgi s other than those provided for in this 
tion, shall be elected by the elector- of the judicial district for which 
they may be created, but not for a longer term of office than li\«- 
years. 

Sec. 11. The judges of the supreme court shall, immediately after 
the first election under tins constitution, Ik- classified by lot ; so that 
one shall hold for the term of one year, one for two years, one for 
three years, one for four years, and one for live years ; and at all - 
sequent elections the term of each of said judges shall be for five years. 

Sec. 12. The judges of the courts of common pleas shall, while in 
office, reside, in the district for which they are elected ; and their term 
of office shall be for five years. 

Sec. 13. In case the office of any judge shall become vacant before 



CONSTITUTION OF OHIO. 307 

ration of the regular term for which ha was elected, the va- 
cancy shall be filled by appointment by the governor, until a si;;' 
sor is Ml qualified, an a >r shall be elected tor the 

unev U, at the first annual election that occurs more than 

thin vacancy shall have happened. 

1 L Thejudgi - oftb I and ^( the court of com* 

• heir Bervici a such com* 
ivided by law; which shall not be diminie 
or is luring their term 01 office, but they shall 

or perquisites, nor hold any other office of profit or trust under 
authority of this - or toe Unit S Ul votes for either of 

them, for any elective office, except a judicial office under the author- 
bis state, given by the general assembly, or the people, shall 

tembly maj or diminish the num- 

of the judges of the supreme court ; the number of the disl 

amori pleas; the number of judges in any district : 
change the die - the subdivisions thereof, or establish other 
if the members to each house 

11 concur therein ; but no such change, addition, or diminution shall 
of any iu< 
jure shall oe elected in each county, by the electors 
•ie clerk of the court of common pleas, who shall hold his 
term of three years, and until his successor shall bo 
nd qualified. He shall, by virtue of his office, be clerk of 
all <»ther courts of record held therein ; but the general assembly may 
:d.- by law for the election of a clerk with a like term of office, 
y other of the courts of record, and may authorize the 
perform the duties of clerk for his court, 
1 ..'-. . < lerks of courts 
ble for such cause, and in such manner as shall be pre- 
law. 

J idges ma;. resolu- 

Bembly, if two-thirds of the 

•i : but no Buch removal 

complaint, the substance of which shall 

iiirnal, nor until the part e bad 

. 

•union 
shall respectively 
- ich power and jurisdiction, at chambers, or Otl 

1 assembly 
and I i shall nol 

j»t upon submission by I 

of ti, ncnt t«» abide such judgm nt 

All ied «ui in the name ■ authority 

i all indi. • the 

I 



308 citizen's manual. 

ARTICLE V. 

ELECTIVE FRANCHISE. 

Section 1. Every white male citizen of the United States, of the 
age of twenty-one years, who .shall have been a resident of the state 
one year preceding the election, and of the county, township or ward 
in which he resides, such time as may be provided by law, shall have 
the qualifications of an elector, and be entitled to vote at all elections. 

Sec. 2. All elections shall lie by ballot. 

Sec. .'J. Electors, during their attendance at elections, and in i:<»ing 
to and returning therefrom, shall be privileged from arrest in all cases, 
except treason, felony, and breach of the peace. 

Sec. 4. The general assembly shall have power to exclude from the 

privilege of votiug or of being eligible t<> oilier, any person convicted 
of bribery, perjury, or other infamous crime. 

Sec.;"). No person in the military, naval or marin- "f the 

United States shall, by being Stationed in any garrison or military or 
naval station within the state, be considered a resid< at of tail state. 

Sao, 6. >.'o idiot or insane" person -hail he entitled to the privilege 
of an elector. 

AKTICI, I VI. 

Knre.vnoN. 

Section 1. The principal of all funds arising from tin sale or other 
disposition of lands or other property granted or intrusted to this 
stat< for educational and religious purposes, shall forever be preserved 
inviolate and undiminished, and the income arising therefrom shall be 
faithfully applied to the specitic objects of the original gran; 
appropriations. 

Sec. 2. The general assembly shall make such provisions h\ 

tion or otherwise, as with the income arising from the school trust 

fund, will secure a thorough and efficient system of common schoole 
throughout the stati-, but no religious or other sect shall ever havs 

exclusive right to or control of any part of the school funds "1 thi> 

state. 

ARTICLE VII. 
PUBLIC QfSTITI ' . 

Section 1. Institutions for the benefit of the insane, blind, snd 
deaf and dumb, shall always be festered and supported by the state, 
and be subject to such regulations as may be prescribed by the 
eral assembly. 

Sec. 2. The directors of the penitentiary shall be appointed or 
elected in such manner as the general assembly may direct, and the 
trustees of the benevolent and other state institutions, now eh 
by the general assembly, and of such other state institutions as may 
be hereafter created, shall be appointed by the governor, by and with 
the advice and consent of the senate ; and upon all nominations 
made by the governor, the question shall be taken by yeas and nays 
and entered upon the journals of the senate. 



co^nu'TioN of oiuo. 309 

& The governor shall have the power to li 11 all vacancies that 
may occur m t". odd until the next session of the general 

tnbly, hih! until appointee shall be confirmed 

ami Qualified. 

ARTICLE viii. 
ruBuo ram ash public woa 

8l HON 1. This state may contract debtfl to supply casual deficits 

ilnres in revenue, oi to n I otherwise provided for, 

but' a, direct or contingent, whether 

contracted by rirUn r more sets of the general assembly, or 

at different periods of time, shall never exceed seven hundred and 
fifty thousand dollars, and the money arising from the creation of 
- al all be applied to the purpose for which it was obtained, 
y the debts so contracted, and for no other purpose whatever. 
•J. Jn addition to the above limited power, the state may con- 
tract - ■'}■'} urn insurrection, defend the e 
in w m the present outstanding indebtedness of the 
■ the money arising from the contracting of such debts shall 
1 to the ] r which it was raised, or t<> repay such 
i to no other purpose whatever ; and all debts incurred to 
standing indebtedness of the -tat-', shall be so 
tracted as t" he payable by the sinking fund hereinafter provided 
IS the same shall accumulate. 
Sac 3. Except the debts above specified in sections one and two 
of this article, no debt whatever shall hereafter be created by or on 
: of the state. 

1. The credit of the state shall not in any manner be given, 

>r in aid of any individual, association or corporation 

what 'shall the si if ter become a joint owner or 

kholder in any i asociation, iu this Isewhere, 

whatever. 

any county, c\\y, 

n whatever, unices Bucn debt 
a, or 
e in war. 

luthoriae any county, 
ship, by i a, or otherwise, t-> be- 

!d«-r in any joii corporation Or If 

or loan its-cn dit to, or in aid 
on. 
for tli.' payment of it i 

rj a sink- 

fand which shall be to pay the accruing interest on such 

principa] tin 
dollars, incn aa d 3 eai !\ and 1 
ding at the rate "i six j • num, 

the 

pub. other funds <-r 

resources I b farther 



310 citizen's manual. 

sum, to be raised by taxation, as may be required for the purp 
aforesaid. 

Sec. 8. The auditor of si te, and attorney gen- 

eral, are hereby created a board of commissioners, to I ■ the 

Commissioners of the Sinking Fund." 

9. The commissioners of the sinking fund shall, immediately 
preceding each regular session of the general assembly, make .-in i 
mate of the probable amount of the fund provided for in the seventh 
on of this article, from all p1 from taxation, and re- 

port the same, together with all their pr fund 

and the public debt* to the governor, who shall transi 
with liis regular message, to tl aeral 

assembly shall make all i provision for raising and di 

said Binking fund, in pursuance of the provisions of this 

id. It shall be the duty of the said cot - faithfully 

to apply said fund, I thai may be b} 

era! assembly i 

as ii becomes due, and the redempl ion 
public debt of the s only the 

held by the Btate, 

Sko. 11. 'I Dmmissioners shall semi-annually make a full 

and detailod report of their proceedings 1<> thegoveri 
immediately ci same to be published, and shall 

nicate the same to the general ass* mbly, forthwith, If it 
and if not, then at it- first Bession, after such report Bhall be i 

1-2. So long as this Btate shall have public works which n 
superintendence, there shall be a board of public works, 
three members, who shall be elected by the pe 
election, after the adoption of this constitution ; one fa 
one year, one for the term of and one for the term of tl 

years; and one member of said bo s elected annually tl 

who Bhall hold his cilice for th 
13. The powers and duties of said board of p 
- vera! members, and their compensation, shall - now are 

or in; cribed by Law. 

ARTICLE IX. 

MILITIA. 

Section 1. All white male citizens, residents of the Btate, being 
eighteen years of age and under the age of forty-five years, shall be 

enrolled in the militia, and perform military duty, in such manner, 
not incompatible with the constitution and laws of the Unit) 
as may be prescribed by law. 

Sec. 2. Majors general, brigadiers general, col tenant col- 

onels, majors, captains, and subalterns, Bhall be elected by th- 
subject to military duty, in their respective districts. 

Sec. 3. The governor shall appoint the adjutant general, quarter- 
master general, and such other staff officers as may be provided for 
oy law. Majors general, brigadiers general, colonels or commandants 



CONSTITUTION OF OHIO. 311 

battalions or squadrons, Bhall severally appoint their 
tains shall appoint their Don-commissioned officers and 

>r shall commission all officers of the Line and 
i. and shall have powi r to call forth the militia bo 
iute the I i Insurrection, and repel 

in\ asion. 

rably Bhall provide by law for the protec- 
tion an . of the public arms. 



COUNTY AND TOWNSHIP ORGANIZATF 

i \- 1. 'I'' assembly shall provide by la w for th< 

tion of Buch county and township i - may.be necessary. 

inty officers shall be elected on the second Tuesday of 
until otherwise direct <1 by law, by the qualified electors of 
h manner, i d 1 for Buch term, nol exceeding three 
ivided by law. 

ible to the office of sheriff, or county 
>re than four year- in any period of six y< 

- shall 1 e elected on the first Monday of 
il annually, by the qualified electors of their respective townships, 
and shall hold their offices for one year from the Monday next BUC- 
g their election, and until their successors an; qualified. 

shall be drawn from any county or township 
ithority of law. 

ce, and county ami township officers, may 
ed in such manner, and for such cause, as shall be prescribed 

by i 

; he trustees of townships, 
and simila such power of local taxation, for police 



ARTICLE XI 

Al. 

irtionment of tJ ■ members of th< 

My shall be mi i after the year one thou- 

. in the following manner : '1 be 
by the federal census, or 
ably may direct, shall be di- 
vide one hundred/' and the quotient shall be the 

rtionment 
p 

j county containing 

■ifa- 

itled 



312 citizen's manual. 

to three representatives, and so on, requiring, after the first two, an 
entire ratio for such additional representative. 

Sec. 3. When any county shall have a fraction above the ratio so 
large that, being multiplied by five, the result will he equal to on 
more ratios, additional representatives shall be appointed for such 
ratios, among the several seasionfl of the decennial period, in the fol- 
lowing manner : If there he only one ratio, a rei r shall be 
allotted to the fifth session of the decennial period ; if tin r 
ratio*, a representative shall be allotted to the fourth and third - 
sions respectively ; if three, to the third, second and first sen 
respectively ; if four, to the fourth, thi 
respectively. 

unir, with another county or counti 
representative district, -during one decenniaJ period, if it shall h 
acquired population a; the 1. 1 !*• 

entitled to b - tation, if there shall be I 

trid from which it shall have I, a population - * 

lor a repn - ich change -hail be 

regular decennial period for the apportionment of rcpreeeotatj 

Si.c. r>. If jn fixing any subsequent nui". .-i county . enti- 

tled to a separate representation, shall have I the numb* r 

quired by the new ratio fora rep . i shall be 

attached to the COUJlty a- 1 join iiiLT it. having Dumber of in- 

habitants; and the representation of the aistrici so formed, shall be 
determined as herein provided. 

Sec. G. The ratio for a Benator shad forever hereafter be ascertained 
by dividing the whole population of th the number thirty- 

five. 

Src. 7. The State is hereby divided into thirty-three senatori I 
tricts, as follows: the county of Bamilton shall constitute tin; I 
senatorial district: the counties of Butler and Warren the second; 
Montgomery and Preble the third ; Olermonl and Brown th<- fonrth; 
Green, Olinton and Fayette the fifth; Ross and Highland the sixth; 
Adams, Pike, Bcioto and Jackson the seventh ; Lawrence, Gallia, 
Mi igs and Vinton the eighth ; Athens, Socking and Fairfield tin- 
ninth : Franklin and Pickaway the tenth; Clark. Champaign and 
Madison the eleventh ; Miami, Darke and Shelby the twelfth : 
Union, Marion and Hardin the thirteenth: Washington and Monj 
the fourteenth ; Muskingum and Perry the fifteenth; 1 and 

Licking the sixteenth : Knox and Morrow the - ton 

and Tuscarawas the eighteenth ; Guernsey and Monroe the nineteenth; 
Belmont and Harrison the twentieth ; Carroll and Stark the twenty- 
first ; Jefferson and Columbiana the twenty-second ; Trumbull and 
Mahoning the twenty-third ; Ashtabula, Lake and Geauga the twenty- 
fourth ; Cuyahoga the twenty-fifth ; Portage and Summit the twenty- 
sixth ; Medina and Lorain the twenty-seventh; Wayne and Holt 
the twenty-eighth ; Ashland and Richland the twenty-ninth ; llm 
Erie, Sandusky and Ottawa the thirtieth ; Seneca, Crawford and Wy- 
andot the thirty-first ; Mercer, Auglaize, Allen, Van Wert, Paulding, 
Defiance and Williams the thirty-second; and Hancock, Wo 



CONSTITUTION OF OHIO. 313 

Lucas, Fulton, Henry and Futnam the thirty-third. For the first 
Quia] period after the adoption of this constitution, each o( said 

. i zospj the first district) which 
shall 

8xa 8. The a - shall be applied in apportioning the frac- 

riaJ districts, and in annexing districts wliich may here* 

after have leas than - tithe of a senatorial ratio, as are applied 

ricts. 

inty forming part i bona] district, having 

acquired a population equal t<> a full senatorial ratio, shall be made a 

:iv regular decennial apportionment if 
uorial ratio shall he left in the district from which it shall 
ken. 

'the fir^t ten years after the Tear one thousand 

hundred and fifty-one, the apportionment »>f representatives -hall he 

•vided in the schedule, and no change shall ever he made in the 

principles of r > m established, or in the senatorial 

dist: r rvided. All territory belonging to a 

anient shall, as to the right of re- 
in and sui oain an integral part thereof during the 

■ »r, auditor and secretary of state, or any two 
..em. shall, at least six months prior to the October election in 

lousaii ght hundred and sixty-one, and at each 

J period thereafter, ascertain and determine the ratio of repre- 
sentation according to the decennial census, the number of represen- 
h county or district shall be entitled to elect 
- within the next ensuing ten years, and the gov- 
ern'' -•■ the same to be published in such manner a- shall be 
law. 

JUDICIAL APrORTIONMKNT. 

B . M For judicial purposes, the II be apportioned as 

The county of Hamilton shall constitute the first district, which 
rided, and the j rein may hold sonants 

rr. at the same time. 

- ond : and 
.-. ision of ih" second 

shall form such district 

. Allen. Hardin. Logan, Union 
and Marion Lhe rt, Putnam, Pauld- 

1 Fulton the second ; and Wood, 
1 the third subdivision of the 

third 

[UTOn shall 
nun! the 

i the third sul division of the 

1 1 



314 citizen's manual. 

The counties of Clermont, Brown and Adams shall constitute the 
first subdivision ; Highland, Ross and Fayette the second ; and Tick- 
away, Franklin and Madison the third subdivision of the tiftli district, 
and together shall form such district. 

The counties of Licking, Knox and Delaware shall constitute the 
first subdivision ; Morrow, Richland and Ashland the second ; 
Wayne, Holmes and Ooshoeton the third subdivision of the sixth 
trict, and together shall form such district. 

The counties of Fairfield, Perry and Hocking shall constitute the 
first subdivision; Jackson, Vinton, Pike. Scioto and Lawrence the 
second ; and Gallia, Meigs, Alliens and Washington tho third subdivi- 
sion of the seventh district, and together shall form Bach district. 

The counties of Muskingum and Morgan ^hall constitute t!< 
subdivision; Guernsey, Belmont and Monroe the second : ami -1. 
son, Harrison and Tuscarawas the third subdivision of the eighth i 
bid, and together shall form inch district 

The eounties of Stark, Carroll and Columbiana shall constitute the 
first subdivision ; Trumbull. Portage and Mahonin >nd j and 

Geauga. Lake and Ashtabula the third subdil the ninth dis- 

trict, and together shall form BUCh distri 

Si*. 13, The genets] assembly anal] attach any new counts - 
niay hereafter be erected, te such district! or subdivisions thereof 

shall be most convenient. 

ARTICLE XII. 

I IN \XATin\. 

Section 1. The levying of taxes by the poll is grierous and oj 
sive ; therefore, the general assembly shall never levy a noil tax lor 

county or state purp 

Baa 2. Laws rfial] I I ixing, by a uniform rule, all nx 

credits, investments in bunds, stocks, joint-stock Companies, or other- 
wise ; and also all real and personal property, according to its true 

value in money ; but burying grounds, public school-' 
u^h] exclusively for public worship, institutions of purely public 
charity, public property used exclusively fur any public purpose, and 
personal property to an amount not exceeding in value two bundled 
dollars for each individual, may, by general I ■ xempted from 

taxation; but all such laws shall be subject to alteration i 
and the value of all property so exempted shall from time to tins 
ascertained and published as may be directed by law. 

Sec. 3. The general assembly shall provide by law for taxii 
notes and bills discounted or purchased, moneys loaned, and all other 
property, effects or dues of every description (without deductiou) of 
all banks now existing or hereafter created, and of all bankers 
that all property employed in banking shall always bear a burden of 
taxation equal to that imposed on the property of individuals, 

Seo. 4. The general assembly shall provide for raising re vein: 
ficient to defray the expenses of the state for each year, and ak 
sufficient sum to pay the interest on the state debt. 



CONSTITUTION of onio. 315 

Sec. 5. Wo tax shall h oepfl in pursuance of law; and 

even* law inr.< stinctly the object of the same, 

for purposes of 
internal fa ::ts, 

ARTICLE XIII. 
con; 
khi 1. Tli 
ring 

formed an j, but all 

tune, be all 

individual 
-. 
ckholder shall be liable, over and 
k by him <>r hex i 

in amount 
• 

pproprialed to the osb of any 

•ration until full com lade in moi 

Tier, irreapecti 
any benefit from any improvement pro] 

whi I a. in 

ribed by law. 
I ass nation of 

let their 
- I . contract]] 

■ 

I to 

and at such 

ARTICLl Xiv. 

- 

■ 

donors s. 

ball 
a uniform mod 

..iigs of th 



316 citizen's manual. 

time, be reported to the general assembly, and be subject to the action 
of that body. 

ARTICLE XV. 

: LLAXE0US. 

Section 1. Columbus shall be the seat of government until othcr- 
•wise directed by law. 

Sko. 2. The printing of the Laws, journals, bills, legislative 
incuts, and papers for each branch of the general assembly, with the 
printing required for the executive and other departments 
shall be let on contract to the low< Bible bidder, by such i x- 

ecutive officers and in sneh manner as shall h- 1 by law. 

rate and detailed statement of the receipts and ex- 
penditures of the public money, the several to whom. 
and on what account, shall, from time to time, be pul 
be prescribed by law. 

ton shall b in this 

state, unless he p isb< tlifications of an elector. 

;». No person who BhaD hereafter u *h\ a da in tlic 

same bs second, or send, accept, or kn<>\ 

for, shall hold any office in this State. 

6. Lotteries, and the sale of lottery tickets, for any purpose 

whatever, shall be forever prohibited in this Btate. 

Sec. 7. Kvcry person chosen or appointed to any office under this 
slate, before entering upon the discharge of its duties, shall take an 
oath or affirmation to support the constitution of the United 
and of t his Btate, and also an oath of office. 

Sec. 8. There may be established in the secretary i 
bureau of statistics, under such regulations as m. 1 by 

law. 

AETICLE xvi. 

Section l. Either branch of the ■_ sembly may pi 

amendments to this constitution, and if the same shall be agreed to 
by three-fifths of the members elected to each house, such pr<»j 
amendments shall be entered upon the journals, with the yeas and 
nays, and shall be published in. at least, one newspaper, in i 
county where a newspaper i^ published, for six months preceding the 
next election for senators and representatives, at which time 
shall be submitted to the electors for their approval or rejection ; and 
if a majority of the electors voting at such election shall adopt such 
amendments, the same shall become a part of the constitution. When 
more than one amendment shall be submitted at the same time, they 
shall be so submitted as to enable the electors to vote on each amend- 
ment separately. 

Sec 2. Whenever two-thirds of the members elected to each branch 
of the general assembly shall think it necessary to call a convention 
to revise, amend, or change the constitution, they shall recommend bo 
the electors to vote at the next election for members to the genoral 



CONSTITUTION OF OHIO. 317 

or against a convention, and if a majority of all the 
ction, have voi d for a convention, the gen- 
>n, provide by law, for calling 
nventton shall c - many memben as the 

house of representatives, who Bhafl be chosen in the same manner, 
shall meet within three months alter their election, for the pur- 
said 

al election to be held in the year one thousand 
c.and in each twentieth year thereafter, 
ion to revise, alter, or amend 
jutution?" Bhall be Bubmitted to the electors of the state, and 
in e - rity of all the < ting at Bucb eli ction shall do- 

in favor of a convention, the . jsembly, at the next - 

• vid<- by law for tin- election of delegates, and the 
i convention, as is provided in the preceding sec- 
it of this constitution, agreed upou by any 
con* led in pun I this article, shall take effect 

until the same Bhall have been Bubmitted to the electors of the state, 
and adopted by a majority of those voting thereon. 

SCHEDULE. 

rON 1. All laws of this state in force on the fust day of Sep- 
tember, one thousand eight hundred and fifty-one, not inconsistent 
with, this constitution shall continue in force until amended or repealed. 
•.'. The first election for members of the general assembly 
stitution, shall be held on the second Tuesday of Octo- 
_;.t hundred and fifty-one. 

governor, lieutenant governor, auditor, 

and attorney general, shall be held on 

■ thousand eight hundred and fifty- 

icea * irst day of Sept* mber 

eight hundred and fifty-one, shall continue therein until 

Januarfi one thousand eight hundred and 

■ tiou for judges of the supreme court, co 

- Of onil- 

;' Oct. .her, one 

I said 

.in die second .Monday 

\ -two. Judges and 

clei ■] i ;, iii office 

: hundred and fifty-one, 

,: powi ra and duties, until the 

Tty- 

ding in anj of the : this 

tion of thii 

of the 

olent institutions of the Btate, the 

state lil 1 for in 



318 citizen's manual. 

this constitution, in olliee on the first day of September one thousand 
eight hundred and fifty-one, shall continue in office until th< 
expire respectively, unless the general assembly shall othem 
provide. 

Sec. 6. The Buperior and commercial courts of Cincinnati, and 
the superior court of Cleveland, shall remain until other : led 

by law with their present powera and jurisdiction; and the jud 
and clerks of said Courts, in office mi tin- first da\ 
thousand eight hundred and fifty-one, shall continue in office until 

the expiration of their terms of offi< tivelv, <»r until otherwise 

provided by law ; bu1 neither of Baid courts shall continue after the 
second Monday of February, one thousand eight hundred and fifty- 
three, and no suit shall be commenced in said two first menti 
courts after the second Monday of I ight hun- 

dred and fifty -iwo, nor in said last mentioned court af >n<\ 

Monday in August, one thousi .and 

all the bui either of 

time limited foT their continufl id, shall be tram 

the court of common pi 

Seo. 7. All county and township officers and Justices of th. i 
in office on the f p, one thousand * i lt J 1 1 nund- 

red and fifty-one, shall continue in office until their 
respectively. 

B. Vacancies in office, occurring after th • ptem- 

ber, one thousand eight hundred and fifty-one, shall l»e tilled .-^ 
now prescribed by law, and until officers are elected or appointed, and 

qualified under this constitution. 

Sec. 9. This constitution shall lake effect on the first day ol 
tember, one thousand eight hundred and fifty-one. 

Sec 10. All officers shall continue in office until their suco 
shall he chosen ami Qualified. 

Sao. 11. Suits pending in the- -irt in bank, thai] !"• trans- 

ferred to the supreme court, provided for in this constitution, and be 
proceeded in according to law. 

Sec 12. The district courts shall in their respective counts 
the successors of the present supreme court, ana all suits, prosecu- 
tions, judgments, records, and pro* edingand remaining in 
said supreme court, in the several COUnties of any district) shall 1-e 
transferred to the respective district courts of such counties, and he 
proceeded in as though no change had been made in said supreme 
court. 

Sec 13. The said courts of common pleas shall be the succ 
of the present courts of common pleas in the several counties, except 
as to probate jurisdiction ; and all suits, prosecutions, proceedings, 
records, and judgments pending or being in said last mentioned courts, 
except as aforesaid, shall be "transferred to the courts of common 
pleas, created by this constitution, and proceeded in as though the 
same had been therein instituted. 

Sec 14. The probate courts provided for in this constitution, as to 
all matters within the jurisdiction conferred upon said courts, shall be 



CONSTITUTION OF OHIO. 319 

the •aeceesors, in the several counties, of the present courts of com- 
mon pleas; ami the records, files, business and proceedings apper- 
taining to said jurisdiction shall be transferred to said courts 6f 
probate and !>e there proceeded in according to law. 

la. Until otherwise provided by law, elections for jud& 
deri I, and the poll hooks returned, as is provided tor 

nior ; and the abstracts therefrom certified to tin- secretary of 
1 he by him opened in the presence of the governor, who 
shall declare the r^>ult, and issue commissions to persons elected. 
B .16. Where two or more counties are joined in a senatorial, 
. or judicial district, the returns oi* elections shall be 
to the county having the larg si population. 

IT. The t institution shall ho submitted to the elec- 

I of the state al n to he held on the third Tuesday in 

June, one thou and fifty-one, in the several elec- 

ich an election shall l>o 
written or pri llows: Those in favor of the constitution, 

the constitution, " New 
The p<>h - election shall be opened be- 

: and ten o'clock, A. M., and Closed at, six 
P, M. an-! . i lection shall he conducted, and the re- 

side and certified, to the secretary of State, as provided 
by ! lions of state and county officers, Within 

twenty days after such election, the secretary of state shall open the 
retains thereof in :i e of the governor, and if it shall appear 

of the votes cast at such election are in favor of the 
titution, the governor shall issue his (Proclamation, stating that 
stitution shall be the constitution of the state of 
. and not othe; v. 

18. At the time when the votes of the electors shall he taken 
for t] rtion of this constitution, the additional 

lion in til Ing; t<>-wit : "No license to traffic in intoxi- 

anted in this state, hut the general 
ihly may by law provide again! ising therefrom," shall be. 

litted to the electors or rejection, in form 

.t<>wit: A separate ballot i rery elector, and 

d the b:ill<as riven fo rate 

intod, or partly written ami partly 
ating liquors, Yes ; " and 
■ nt. in like manner, the 
X..." H' at the said 
for arid against said amend- 
intoxicating li<j 
ction of at I 
Lotion. 

t of the ] of 1 hiring 

! under tie tion shall be as folkr 

1 hatu- 

Lake, 



S20 citizen's manual. 

Lawrence, Logan, Madison, Marion, Meigs, Morrow, Perry, Pickav 
Pike, Preble, Sandusky, Scioto, Shelby, and Union Bhall severally be 
entitled to one representative in each session of the decennial p< a 

Tlie counties of Franklin. Licking, Montgomery, and Stark shall 
each be entitled to two representatives in each session of the 6V 
nial period. 

The counties of Ashland, Coshocton, Highland, Han ] 
Mahoning, Medina, Miami. Portage, Seneca, San nut. and Wai 
Bhall severally be entitled to one representative ssion and 

one additional representative in the tilth - the decennial 

period. The counties of Ashtabula, Brown, Butler, Clermont, 1 
field, Guernsey, Jefferson, Knox, Monroe, Morgan, Richland, Trum- 
bull, Tuscarawas, and Washington shall severally be entitled to 
representative in each session, and two additional rej 
one in the third and on • in the fourth session of tfa 

The counties of Belmont* Columbiana, d Wayne shall, 

severally, be entitled to one r< 

additional represent tie in the first, one in i! 

one in the third s sssion o d period 

The county of Muskingum shall I- 
in each session, and one ;:<\<\. i 
of the decennial period. 

The county of Cuyahoga shall be entitled to t w « • representatives 
in each session, and two additional rcpnesen ie in the third 

and one in the fourth b ssion <>f th<- decennial period. 

The .county of Hamilton shall be entitle fcatives 

in each session, and tour additional representative* — one in 
one in the second, one iu the third, an ! on • in i 1 □ of 

the decennial period. 

The following counties, nntil thev 
population to entitle tliera ;• ly, under the fourth 

tion of the eleventh article, shall form i 

to«wit : The counties of Jackson and Vinton one district; the comi- 
ties of Lucas and Fulton one district; the counties of Wyandot and 
Hardin one district : tli ■ con and Van Weii 

fcrict; the counties of Paulding, Defiance, and Williams one cbsti 
the counties of Putnam and Henry one district ; and the count* - 
Wood and Ottawa one district ; each of which districts Bhall be 
tied to one representative in ev< r cenuial period. 

Done in Convention at Cincinnati, the t< ath day of March, in the 
year of our Lord one thousand eight hundred and fifty-one, and of 
the Independence of the United States the seventy-fifth. 

WILLIAM MEDILL, President. 
Attest : WlLLIAM H. Gill, Secretary. 

S. J. Andrews, William S. Bater, Van Brown, 

William Barbee, A. 1. Bennett, R. W. Cahill, 

Joseph Barnett, John H. Blair, L. Case, 

David Barnett, Jacob Blickensderfer, David Chambers, 



CONSTITUTION OF OHIO. 



821 



II. D 
EL \ 

•Toll! 1 I 

J 

w. a 

bud, 
William Hawfc - 

re B. Holt, 

man, 

V. U. Horl 

14* 



Samuel Humphreytilli 

John B. Hunt, 
John Johi - 

S. .1. Kirk- 

J. Larsh, 
L iwrence, 
John Larwill, 

D. T. I II otter, 

loD, 

i Morris, 

W. S. 

Thon son, 

i 1 Peck, 
Jacob P< i 

Samuel Quig 
R P. Ram 

Charles Reemelin, 



Adam X. Kiddle. 
Edward 0. Roll, 
William S.v> 

itt, 
John Sell- 
John A. Smith, 

Smith, 
B. 1'. Smith, 
Henry Stanbery, 
1?. Stai 
Alberl V. Stebl . 

Stickney, 
Harmon Stid 
Jamea Struble, 
.1. II. Swan, 
rh% 

. Taylor, 
X. s. Townshend, 
Elijah \'ai];v, 
William M. Warren, 
Thomas A. Way, 
J. Milton Willia 
Klzry Wilson, 
James T. Wortlungton, 
E B. Woodbury, 
EL C. Grey, 
Reuben Hitchcock. 



322 citizen's manual. 



NOTES 

RELATING TO THE GOVERNMENT OF OHIO. 



* # * Tub following I supplementary rerel chap 

Ins and sections to which they refer, in the DO lv of the work. 



PTER xir. 



$$ The county canvassers are the clerk of the court i 
pleas, and two justices of the p- ace. Statements of votes for < 
whose election can not be determined by the county canvassers, are 
Bent by them t<> the prop r state officers t<> be cam assi d. By i kn 
constitution, (Art III, 9 .'J.) the votes Cor the principal executiv 
errs, an- canvassed by the president of the senate, in the presence of 
both houses of the legislature. 

OHAPTEB XIII. 

§3, G. Senators and representativea 1 d for two y< 

$5. For apportionment of senators and repn Cons., 

Art. XI. 

§9. The constitution <]<>v* not require a census to be taken for the 
purpose of apportionment. The federal census, thai is the 1 
authorized by the general government en are, is made the 

basis of representation, (dona, Art. XI, $ 1.) 

§ 10. Anv qualified elector is eligible to any office in this state 
(Cons., Art"! XV, ( 1.) 

CHAPTER XIV. 

§ 4. A quorum consists of a majority of all the members elected to 
each house. (Cons., Art. II, §6.) 

§8. The lieutenant-governor presides in the senate. (Con- 
[II, § 16.) 



NOTES ON THE GOVERNMENT OF OHIO. 323 

CHATTER XV. 

§'2\. The compensation of members of the legislature, is fixed by 
law, and is al : ■ day. and the same for every 

f miles they travel in going to ami returning from the place oi 
LII, (Si.) 

CHAPTER XVI. 

J 1. T (< '"lis., Art. Ill, J. 2.) 

}4 For powers of the governor, - Art III. 

LPTER XVII. 

$ 1. The assistant executive state officers are, a secretary of .state, a 

, pal They are elect 
the auditor for four yeare, and the others for two yean. 

Ill, vvJ.) 

ral in this state. The public survey- 
by the county surveyors. 

•"•ii i item lent, for whose appointment and 
SIIL 
{ 1". The state printing is let to the lowest bidder. (Cons., Art. 

The penitentiary, or state prison, is under the direction of three 
directors, who bold their offices for three years, one to be chosen 
annually by joint ballot of the general assembly. By the new con- 
stitution, (Art VII, i%) the general assembly may provide a differ- 

• Kilt. 

aylurn is under the management of six din 
slature for six years, one i 

tte. (Cons., 
Art. VII, C» 2L) i perintendent, who j- 

a ph 

ard of j>ub- 
XXIV.) 
The: mtand 

rhere given. (N 111.) 

vm 

Upon three 

one to U' 
iting attorney, and a 

lierilf, 

. 

; , ( The 

that of 
count] 



324 



•citizen's manual. 



CHAPTER XIX. 

§ 1. The territories into which counties are divided, are Called town- 
ships, and incorporated villages are called ton 

J2. Townahip officers are elected on the first If onday of April. 
They are the following : three trustees, a clerk, an assessor, a treasurer, 
and Bach number of constable* and surveyors of highways, as shall 
have been directed by (he trust the 

peace, also, are, by tie- new constitutioi :. for 

three years. 

The principal duties of tr ownships, have been mem.' 

one of which is to take care of the poor. When thej med 

that, a persoo is poor, and needs relief, it i- Lheirduty to pn 
his support ; <»r. it' there county, I 

order him to the directors of the infirmary to be provided for. It' 
they, for lawful rt ae I them, the tn, 

must provide for his support, [fa poor person has not gained a l< 
settlement in the township, the tru ove him t<» the p 

where he was las! L< 

The duties of the townahi 
Chap. XXI, and corn sponding uol 

The duties of other tOWD iption. 

CHAPTER XX. 

J7, Cities and villages are incorporated ander general lav 
Art. XIII, $ <>.) The electors w ithin the l>"M,<U of the intended c<>r- 
poration, meet and elect their oflj onsist of a mayor, . 

corder, and five trustees, for the term of one year. These constitute 
the town eou ncil, and have power to levy taxes, and make all other 
needful rules and regulations for the government of the town. 

CHAPTER XXI. 

Jfc. AH the land, net exceeding five acres, connected with school- 
houses and meeting-houses, and used only for tic □ <»f 

the schools and religious IS exempt from taxation. The fol- 

lowing personal property is also exempt: household furniti 

and books of private families, to the value 

taverns and boarding ho ': wearing apparel ; food ; 

for the family, (except boarders :) tools of mechanics t<> the valq 

$150 ; farming implements actually used for farming pu 

and neat cattle under two years old, mule- and 

and a half; sheep and swine under six months; one CO 

and four hogs of every family not having over sIih.i in valu 

taxable property. Also property, real and personal, belonging t<> the 

stale, to counties, and towns, used for public purposes, is i h 

§ ',). The valuation or apprisement of property in this state, is made 
thus : The county commissioners of each county, every sixth year, 
divide the county into districts, not less than two nor more than four, 
(Hamilton at least six, and not exceeding twelve,) and appoint for 



NOTES OX THE GOVERNMENT OF OHIO. 325 

each a district a*taator,who, in tlio same year, takes a description and 
the value of each parcel of real property in every township in his dis- 

. and returns the Bame U) the county auditor. 

In each township is a Unonskip a wait er, who takes a list of the j>cr- 

f mil propertij of each owner, and tlu i real value thereof, and returns 

the same to {he county auditor. Anil as the real property is apprised 
only once in six years by the district assessor, the township assessor 
comets the valuation and description of the real property where new 
buildings havo been i destroyed. 

LPTEB XXIII. 

this fund provided by eongress, a temporary fund 
for the same purpose has been created by the state, consisting of the 
interest on the state's share ^( the United States' surplus revenue; 

the revenue from hanks, insurance and bridge companies, and other 
fun- annually provided by the state; (in all, (900,000;) 

which is to he distributed yearly among the several counties, in pro- 
portion to the number of white youth in each, between tin 1 ages of 

also a county tax, nol less than one 
mill on every dollar of the value of the taxable property of the 
county, i^ annually levied for school purposes. 

•o in. The district officers are. three directors, one to be chosen every 
•. For three years ; a clerk, and a treasurer, each for one year. Dis- 
trict taxes are collected by the treasurer. 

111. The state superintendent is a member of the state board of 

lie instruction, composed of five citizens appointed by the general 

robly for five years, one every year. Each member is, during Ins 

. state superintendent He acts as chairman of the board, 

,i-annually at his office, which is kepi a1 the se;it of 

IS divided into four distrirts, one of which is 

■ f the other members of the board, called district 

ii district is required to 

. through the stat" superintendent, 

nd also his official tin 

■viih the members of the 

ben within liis 

roty officer who performs mosi 

I !hap. XX Ml. 

, the county treasurer for 

a town. By an act of 184* the appoint- 

me counties, was provided \"v. 

• ■ : the township school 

fur. , devolve upon the 

cb county, to examine 
i other d . 
.nd- u inch have been mentioned, there is 

unirrrsilii fuiul. At an early period, tWO town- 



326 citizen's manual. 

ships, each six miles square, of a tract of land in the southern part of 
the state, called the "Ohio Company's rurclia.se," were granted by 
congress for a college. On these lands, now in Athena county, 
legislature of the North Western Territory established an institution, 
now called the "Ohio University." Another township, situate h 
south -western part of the state, was ak ranted by 

on which is now the " Miami University." The avails of th< - 
as they arc sold, are paid into tin \ for the b 

these institutions. 

There is also a ministerial fund, which, though not properly an 
educational fund, will be here mentioned. In a portion of the - 

one section of land, one mile square, in each township, W8J 

by congress for the support of the mda 

are paid into the state treasury, and constitute a fund, the interest ol 
which is apportioned among the several townships according to the 
share which each has in the fund, and is distributed among all the 
religious denominations in each town-hip. in a to tho num- 

ber of adherents of each, for the Support of religion. 

OHAPTEB v\I\ 
§9. (See Cona, Art. \ Ml, >8, !». 10, 12.) The board of public 

works se t > that the canals are kept in repair, and Bupptied with water ; 
appoint collectors of tolls ; and make ruli fl and regulations concern- 
ing matters in genera] relating to the oavi mala 

It may he proper here to state, that public provision was earlj 
made for the improvement of roads in tl A1 the time of 

admission of the state into the union, COngreSfl appropr per 

cent, of the proceeds of the public lands [of the I nited St 

within the state, to be thereafter applied, under the direction of the 
stale legislature, to the making ana improving of roads within the 

State. The money thus accruing, which is called the tkrst 

fmiiL is apportioned by the state auditor among the several com;' 
to be expended by the county commissioners, or b 
by them, for the improvement of roads and bridges, 

The national rotnl is another valuable improvement Tim 
which passes through this and other si.v. ade by the govern* 

menl ^ the Tinted States. That pari of it which lies in ; 
has been transferred by congress to the state. Tolls arc collected <»n 
it, and applied to the keeping of it in repair. The road has been 
placed by the legislature under the direction of the board of public 
works. 

CHAPTER XXV. 

§ 12. By a general law of 1651, any three or more persons ma*/ 
establish a bank, by depositing with the state auditor securities, to 
consist wholly of stocks of the state and of the United States, aqua! 
to the amount of bills furnished them by the auditor. 

§ 17. All corporations are hereafter to be formed under general 
laws. (Cons., Art. XII, J 1, 9l) 



S0TE3 ON THE GOVERNMENT OF OHIO. 327 

CI T AFTER XXV L 
$ G. For the election of justicea of the peace, and all other judicial 

officers, and their tonus of office, see Cms., Art. IV. 
Justices of the peace have jurisdiction oi' cases in which the sum 

claimed does not exceed $100 ; but ihey may take judgment on con- 
of a defendant, to the amount o\' £200, 
$11. The fees to which a witness is entitled in this state for a day's 
attendance, is fifty cents. 

CHAPTER XXVII. 

$3. The justice makes a list of eighteen freeholders, residents of 
the township; from which list the defendant first strikes one, and the 
plaintiff one, until twelve are stricken off The six remaining on the 
ire then summoned 

v constable i- required ;•> make returns to the justice of the 

m J "V the e* CUtion within thirty days. I»y giving bail, a person 

against whom a judgment is rendered, may pul off; of otan the issu- 

i f an execution for sixty days, if the judgment does n<>t exceed 
s.'i ; if the judgment is overdo, and under $20, ninety days; $20 
and under SS9, one hundred and fifty days; §50 or upward s, two 

hundred and forty days. 

CHAPTER XXVIII. 

$ 1. For the manner in which the court of common pleas is consti- 
tuted, see Cons., Art. IV, § 3. The jurisdiction of this court is fixed 
by law. At present) ( 1852,) it has original jurisdiction, in civil cases, 
of all sums over $100. By original jurisdiction of a court is meant, 
I suits may originate or commence in such court The court of 
common | pv eilat e jurisdiction in causes from justices 1 courts ; 

that is, causes brought before it by appeal from justices 1 courts. This 

all crimes and misdemeanors not 
. i: alone takes notice of and tries such 
riginal and concurrent jurisdiction with the 
supr« dm B u.i - punishable by death ; which means, th. 

COUrt to try such crimes. 

$ G. Out of one hundred and eight men apportioned among the 
to their population, the trustees oAach town- 
ship, on the day of th. the number appor- 
tion - to the county 

r\, rk. Prom I names so si lected, and writ- 

1. n i iper, and put in a DOX, the clerk draws 

to serre as grand jurors, 

TIMK 

ithin which 
and niter the 
an action tiatained. 



328 citizen's manual. 

Different periods are fixed for different kinds of actions. If a per- 
son lias a right to real (state, he must 1 tion within tircnti/- 
one years; (in some statei twent If neither be, noi 
ancestor, nor his | Mcasion of 
premises for twentj - rare the rait is commenced, b 
noi recover the i 

Actions brought for debts due upon promissorj 
obligatioi 

Actions founded upon 
and consequentia] dams A 

suit on an open or rum 

from the date of tb ■ ty. 

Actions fo ipon prop 

wron 

brought within four y< 
mam i 

Aeti 

ble detainer only, □ 

the unlaw fu] taking and boldin 

libel, false im] 

within <>)>r 

I f a person departs bom and n - ort 1 1 > * - 

time when the right i" an action comm< i 

against him within the time Limited by law. qfter his return to 
stair ; thai i-, the time I it it he 1< ■ 

ite after tin- d< I it can not I 

When a debt 1 ommonly 

acknowlr.l--iii.iit of Indebted] ft, which is an im- 

plied acknowledgment, renei 

at any time 1 time limil -. tin' time «.t' limitation 

commences at the time of such pai • at 

Persons under i - me, <>r inn 

or in execution und 

are not deemed capable of commencing suits until tin 
removed. And they may comm< o ithin the lit 

after they shall lia\ e I • when real 

claimed. In the latter case, if the disability is removed within less 
than ton #ars of the expiration of ti i 
years' time is thereafter allowed * 
persons shall have become capable, 

CHAPTEB XXX. 
§2. Murder alone is punishable by death under the laws of tin'*? 
state; treason is loft to the cognizance of the courts of the Unit 

CHAPTEB XL1II. 
§10. For the guaranties of the freedom of Bpeech and <»f the 

and of the right oi the writ of habeas corpus, and of the rigflt of 
conscience, see Cons.. Art. I. §7, B, 11. 



NOTES ON THE GOVERNMENT OF OHIO. 329 

CHAPTER XLIV. 

§ £ By a law of this slate, the age of consent of males is fixed at 
eighteen years, and that of females at fourteen. 

§3. Marriages in this state are solemnized by ministers of the gos- 
pel, who have been duly licensed by the court for that purpose ; by 
a justiee of the peace in his county ; or by religious societies agree- 
ably to their rules. Persons desiring to many must either obtain a 
license from the clerk of the court of common pleas, who must ascer- 
tain whether there is any legal impediment to the marriage, before 
giving a license ; or else they must have a notice of the intended mar- 
riage published on two different days of public worship ; the first at 
least ten days before marriage, in the county in which the female 
resides. The minister or justice must be satisfied that the law has 
been complied with before he joins the parties ; and he is required 
to send, within three months, a certificate of marriage to the clerk of 
the court of common pleas to be recorded. 

§ G. By a law of 1^46, the interest of a married man in the real 
estate of his wife, is exempted from liability for the payment of his 
debts, daring her life, or the lives of her children. 

§ 14. If the father does not by will appoint a guardian, the court 
of common pleas may appoint one, and, on good cause being shown, 
may authorize the guardian to dispose of the property of the child. 
s above fourteen, and females above twelve years, or those for 
whom the court has appointed guardians, when they shall have 
arrived at those ages, may choose for themselves guardians, such as 
the court shall approve. If they do not come before the court and 
ise guardians, after they have been notified by the court to do so, 
the court appoints guardians. Guardians may bind out children under 
the ages mentioned, males until they are twenty-one, and females 
until they are eighteen years; provided the persons to whom they are 
bound, and the terms of the covenant, shall do approved by the court. 

CHAPTER XLV. 

$ 4. Poor children may be bound out by the trustees of townships. 
Females bound for four years or more, must be taught to read and 
write, and the first four rules of arithmetic. Males bound for five 
rs, must be taught the same, and arithmetic to the single rule of 
three. Masters are required to get the indentures recorded in the 
office of the township clerk, within three months. 

fl G. When an apprentice becomes immoral or disobedient, the mas- 
ter may complain to a justice, and hare an investigation before a jury; 
and the indenture may be annulled. 

CHAPTER XLVI. 

$7. In this state, if there are no children or other lineal defend- 
ants, the real property of an intestate dors not 00 next to his father 
or mother, but to his brothers and Bistexs "1" the blood of the ancestor 
from whom the cstato came, whether they are of the whole or the 
UA 



330 citizen's manual. 

half blood of the intestate. If there is no brother or sister of the 
blood of the ancestor from whom the estate came, and if it came In- 
deed of gift from an ancestor who is living, it go< s back to such an 
tor. But if such ancestor is dead, the e his children, if 

lie lias any; if not, then to his brothers and tf there ar 

brothers or sisters to such ancestor, then the estafc 
tate's brothers and sisters of the half blood, though not of the I I 
of the ancestor from whom the estate came. \( there are n«» brothers 
or sisters of the intestate, the estat next of kin to 

intestate, of the blood of the ancestor from whom the estate came. 

If there is no person who is entitled to inherit tl 
becomes the property of the Btate, and is called an escheat. All lands 
for which no owner or heir can be found, are said to escheat to the 
state. 

Personal estate, if it can 

or deed of gift, descends t » bis children. It : 

his brothers and sisters of the whole blood ; it' he has nor 
his brothers and sisters of the haH blood ; if he has none, then tn 
father, if living; if dead, then to the moth. • 
then to the: next of kin to, and of the blood "1" the 

CHAPTER XLVIII 

$4. Conveyances are, in this Btate, recorded in I of the 

county recorder. 

§ 5. The (\vrd of the first purchaser holds the kind, if it is rec 
within six months from its date With regard to mortgages, the I 
on record takes precedence. 

CHAPTER XLTX 

$ 15. If a dispute arises between the own. inisg lands, 

concerning the partition fence, which they cannot settle th< 
either party may apply to th< of the township, (they being 

fence-viewers,) who, after due notice given to the otl shall 

proceed to view the fence, and shall BSSIgn, in writing, to each party 

his equal share of the fence, to be kept in g 1 repair. It" either 

f)arty neglects to keep his portion of a partition fence in good n ; 
ie is liable to pay for the damage which the Other shall sustain in 
consequence of such neglect 

Any person sustaining injury from a trespassing animal, may apply 
to the fence-viewers, after having given at Least one day's notice, in 
writing, to the owner or keeper of such animal, that he intends bo to 
apply, and of the time when the fence-viewers are to examine the 
fence. If, in their opinion, the fence is Buch as every good husband- 
man ought to keep, they shall assess the damages, including the sum 
due for their services, and shall certify and sign the same. It' the 
fence shall be deemed insufficient, the person calling the fence- 
viewers, shall be liable for the cost of the view or examination. 



NOTES ON THE GOVERNMENT OF OHIO. 331 

CHAPTER L 

|2 Land for one yeai or leas, is valid, though not writ- 

ten ; for a Longer term, bree years, a Lease must be m 

writing and sealed ; and it* for a longer term than three years, it must 



There are sundry internal state regulations which, haying no con- 

tion with the sul I in the body of the work, are not 

embraced in the preceding Notes. They arc the laws relating to 

i s, Taverns, Licenses for the sale of 
; ' 9, v - P ic Stages, 

which, from their being subject to frequ 
alteratioi - for want of room, are omitted. A few only aro 

given. 

•\n Measures. — The bushel measure is to be 19J^ inches 
iadi the half-bushel, l.V.j inches; and the peck, L2& inches. 

sually heaped, are to be neaped as 

high as the article measured will admit. When there is no agree- 
ment between parti at, or measurement, GO pounds of 
be taken for a bushel, 56 of rye, ilax seed, or Indian 
\, and 32 of oats. 
weight or measure thai does not agree with the 
. and by which any porch 
be offender, and recover 

:t- d by the court <>f 

- tmony thai ry at Bach 

smmodations and a good 

1 drunkenness, a tavern- 

3 . 

- .— Bv the constituti< i 

tnbited, leai ing the 

1 l.\ law. A 

1851,) forbids the * Uing or giving away ofspirit- 

[icinal <>r pharmaceutical 

purposes, in any quantity less than a quart; Dorrmrj Bold 

ny quantity, to be drank in the j»l • 






INDEX. 



Accc&sories to crime, . 
Actions at law, defined, 
u time of commen 
Adjutant-general, . . 
Administrators, &c, 
Admission of states, . 
Aliens, righto of, a<\, . 
Alliance, treaties o£ . 
Appeals of suits, . . 
Apprentices, <v 

Aristocracy, defined, . 
Army. standing, . . 

Arsenals, 

Arrest of offenders, . 
Arson, defined, . . . 
Assault and battery, . 
Assessment of taxes, . 

Assessors, 

Assignments, . . . . 
Athens, government of, 
Attachment, suit by, . 
Attainder of treason, . 

bill of, . . . 
Attorney-general, state, 

u. a, 

Auditor of state, . . 

" of county, . . 
Austria, 



. no 

. 93 

. . L88 

. 170 

58, 184 

. 343 

. . 116 

. l-l 

. . 25 

.ill 

. . 93 

. 1 28 

. . 133 

. 126 

. . B9 

85, 90 
208-212 

. ;>i 

. . 115 

. 165 

. . 165 

. 7!) 

. . Ill 

. 78 

. . 82 

. 37 



Hills, negativing of, . 
Bills of credit, . . 
Bills of exchange, 

Blockade 

Body politic, defined, 
Bribery, defined, 
Broker, brokerage, . 
Burglary, defined, . 



PAOE. 

. :v2. 73 
. . hi- 
ll, -l 
. 125 
. 215 
UM 



Bail, defined, &c, . . 

Bailment, 

Ballot, defined, . . . 

Banks, (fee., 

Belgium, government of, 
Belligerent, defined, . , 
Betting and gaining, . 
Bigamy, defined, . . . 
Bill of attainder, . . 
Bills, how passed, . 



. . 129 
219-221 

. . 60 

. 104 
. . 38 

. 241 
. . 127 

. 125 
. . 165 

. 71 



Cabinet, defined, .... 
Canals, construction of, . . 
Canvassers of votes, . . ijl, 69 
Capital, defined, .... 122 

Capitation tax, 166 

Casting vole, 72 

Challenging voters, .... 61 
Charges d'affaires, . . . 163 
Charter, defined, . . . 
Cities, villages, dec, . . 
Citizens, pm .... 169 

Civil compact 17 

Civil government, defined, . 17 
Clerk of county, .... 

Codicil, defined, 187 

Collection of taxes, ... 91 
Colonies, government of, . 53, 54 
Commerce, power of congr 

to regulate, . . . .151, 155 
Commissary-general, ... 93 
Committees, . . 67, 256, 273-6 
Common carriers, .... 220 
Common law, defined, . .174 
Common schools, . . . 95-98 
Commonwealth, defined, . . 26 
Community, defined, . . 26 
Confederation, . . . 130-134 
Confiscate, defined, . . . 243 
Congress, how constituted, 

135-139 



INDEX. 



333 



TAGD. 

Cong: . . 148*161 

. . 913 

. . . 1 1 

how formed, . 43 

how aiuendi 1. . 1 1 

of t\ EL, nature 

and formation of, . . L30-135 

tuition, how amended, 171 

ratification of, 172 

. . . 85 

w appointed, . 103 

d itiea and i i 

163, 
Is, . . . 
. . . 190-204 
- : Bale, . . . 3 
obligations of. 

168 

Controller, or auditor, . . • 78 

. . . 44 

, . . . 188-191 

a 157, 158 

3 82, 83 

Corporation, defined, . . 81, 88 
ption of blood, . . . 166 
origin and pew 

of, 80, 81 

.... 80, 81 
. . 110-116 
" common pleas, . 1 1 1», 117 
" circuit an I ,117 

" cl * equity, 

119 
. . . .190 
! 

" of U. 8 116-1 h 

fined,. . . 13 

1, . . . 1 !!• 

M collection of, . . 1 ."».") 

188-191 

1, . ... 43 

. . . 26 

.• of, 30, 31 

1, 07 

, . 1-1. L8S 
denned, . . . 25 

District of Columbia, . • . 160 



PAOS. 

Dividends, defined, . , . 103 
Division fences, . . . 194, 195 

Domain, defined 936 

Domestic relations, . . 177-1^3 
Dower, defined, .... 191 
Drunkards, contracts by, . . 201 

Dueling, defined 125 

. defined, . . . 149, 155 

:it, defined, . . . 191 

59 

by plurality and 

majority, 62 

" viva voce, . . . 63 

Electors, qualifications of, . 57 

M presidential, . . 140 

adors, appointment 

and duties of, .... 162 

Embassadors, rights of, 237-239 

Embezzlement, 123 

asment of bills, ... 72 

En voys, powers of, « . . . 162 

. defined, .... 149 

Execution, 44 

Ex post facto law, . . . 165 

Factor or agent, 212 

False imprisonment, •. . . 127 
Federal, defined, .... 131 
Felony, power of 001 

define, 159 

y, defined, .... 193 
rnment of, . 35, 36 

Pranking privilege 1 15 

Id, freeholder, . . 33, 58 

Fugitives from justice, . 16!>. :!'M 

" froi . . 170 

Fund, defined, M 

of, 36, 37 

Gifts, when valid 919 

rnment^ di rma 

.... 
Qment» distribution of iu 

48 

Ion con- 
pie, . . . 15 

7.- ,' 



334 



INDEX. 



PAGE. 

Graves, opening of, . . . 125 

Great Britain, 31-31 

Greece, government of, . . 39 
Guardian and ward, . . . le>0 

Habeas corpus, 176 

Hereditaments, 191 

Highways, laying oat and re- 
pairing of, 84, 85 

Holland, government <>f, . . 36 
Homicide, defined, . . ■ 133 
Hungary, government <>f, . 37 
Husband and wife, . . 178, 179 

Idiots and lunatics, power of 

to make contracts, . . 201 
Impeachment, defined, . ,121 
I mposts, defined, .... l 19 

Incest, defined r.\~> 

Indictment, how made, . . L18 
Innkeepers, Liable, . . ■ 

I USUrancc companies, . I(>7, IIH 

[nteresl 

[ntestates, descent of prop- 
erty of, 184^ l^.") 

Joining issue Ill 

Judges, appointment of ; (see 

Judicial d< partment, b1 

and United states.) 
Judgment, defined, . . . IIS 
confession of, . .112 
Jurisdiction, defined, . . . 109 
Juries, in justices courts, 113, 111 
" petit and grand, 1 17, 1 18 
Justices 1 courts, . . . 1 1 0—1 1(> 
Justices, election o\\ . . . 110 

.Knout, defined, 29 

Koran, defined, 29 

Larceny, defined, .... 123 

Law, defined, 118 

Law of nature, etc., . . . 22, 23 
Laws, political and civil or 

municipal, 42 

Laws, common and statute, 

173, 174 

" Low enacted, .... 09 



PAOL. 

Laws of nations, different 
kinds of, defined, . . 233, 234 

196-199 

bate, how con- 
stituted 

{j «.■■• u lion of, 

. . 187 
of a Imiuistration, . .188 
Libel, and slander, . . 171 

od, ... 

. 
Librari i .... 



Mandatary, defined, . . . 

med, . . 139 
Marque and repi 

Marriage 177,176 

Masters ants, . 181-183 

Militia 91-94 

Minisfc . . 118, 163 

Minors, rights of, I - 1 

Mints of U. S 157 

'. . . .2 
Money, coining <>f, . . . . 1.77 
Mortgages and d< « ds, . 188-191 
Murder, defined, .... 

Nation, defined 17 

Nations, jurisdiction of, . • 
Naturalization, . . . 156, 157 
Navigation, 

Navy, (i (fined HI 

• ive, absolute and qual- 
ified 73 

Netherlands, government of, 
Neutrals, defined, . . . . 241 

Nobles, defined, 96 

Norway, government of, . . 

lie, 229 

Oaths of office, . ... 66, 67 

Obligation of contracts, not 
to be impaired, . . . .168 

Obligation, perfect and im- 
perfect, defined, . . 235, 236 

Offenders, arrest of, . . . 128 



INDEX. 



335 



Pardon, power of 

Parent and child, . . 1 
Parliament, how composed, . 3*3 
Parliamentary rules, . . 

Parol defii] 

ship a 

Party-walls r.'i 

158, 159 

! 

ntiary, .... 
. . . l : 

Perjury, defined 195 

. . 90 

- . . . L59 

I, , . . 1 1 

.... 60 

. . B5, 166 

» imy, detined, . . . 125 

12 1,329 

. . . 145 

al, . . . Ill 

ity, . 1 14, 145 

g 

1 

!. . . 164-168 
- 

! 

Prinri; 

. . . . 79 

• . 

I . .1, 227 
i I 

i 

! ' 

. . . 127 
. . . ]""-2 
:\ in 

136 

R id, in 

. 89 
B 
H 



3 ntatives, house ui, i> l, 65 
in congn 

136, 
Reprieve, defined, ami power 

7.7. 76 

\a ICO, '2'.:l 

Republic defined, . . . 26 
lar- 

antied to states I7C1 

Revenue, defined 96 

national, how rais- 
ed I I 

Revolution, causes of, . , 

and liberty, . . . -2 >, vj 
- of person aud property 

defined, 17 1 

Right of way, 191 

Right i .... 

•• highways.) 
" provision for, . . 

fined, .... 123 
. government of, . 

I passports, :Jr>3 

Salary and foes, defined, . 163 
School funds, Ac, . . 95 

Secretary of state 77 

" " of r. s., ... 1 12 

. . .113 

" of interior, . . . l 13 

of war, . . . . i : I 

" of navy, . . . Ill 

"ii 

.... 63, 64, 322 



Servant . . L32, 133 

:, defined, . 17, 18 

. . . I - 

ernmenl of; in 

fcy, ' '. . . 

... 30 

. . 10 
- 

... 17 

law. defined, . . 173, \: I 

Ill 



336 



INDEX. 



PAGE. 

Superintendent of schools, 

79, 98, 325 

Supervisors, board of, . . 81 

of towns, . . . 84 

u of highways, . 85 

Surveyor of county, . . . 33 

Surveyor-general 79 

Swearing, unlawful, . . . 127 
Sweden, government of, . . 3^ 
Switzerland, government of, . 39 

Taxation by congress, . 148-156 
Taxes, state, . . . . . B9-91 
Tender, what lawful, . . . l(>7 
Testator, dntaes ot . . . 18 1 
Town clerk, duties of, ... 84 

Town officen KJ-h> 

Towns and Townships, . 98 
Treason, defined, . . 123, 1 61 
Treaties, li<>w and by i bom 
made, 161, 163 



Treaties, binding nature of, 
171 
" of peace, .... 
Turkey, government of, . . 29 



Union, nature of, 
Usury, . . . . 



130-131 
. . 230 



Venire, defined, . . . 113, 114 
Verdict, defined, .... 113 
Veto, defined 39 

, qualifications of, . 
Viva voic voting 

War, power to declare, . . 160 
" off osive and d< 

940, 941, '-Ml 
causes of, . ... . . 1 1 ' 

" declaratioa ot . . . 94 1 

" effect Oi, on the eiien 
subjects 245,240 



